LexJAYESH DHANESH GORAGANDHI versus MUNICIPAL CORPORATION OF GREATER MUMBAI & ORS.
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
[2012] 12 S.C.R. 727
JAYESH DHANESH GORAGANDHI
v.
MUNICIPAL CORPORATION OF GREATER MUMBAI &
ORS.
(Civil Appeal Nos.8708-09 of 2012)
DECEMBER 4, 2012
[K.S .. RADHAKRISHNAN AND DIPAK MISRA, JJ.]
Maharashtra Regional and Town Planning Act, 1966 -
A
B
Ch. VII, s.126 - Whether after framing a Town Planning C
Scheme and the final scheme brought into force, after
reserving plots for public purposes, providing compensation
under Chapter V of the Act, can the land owner insist that the
land be acquired only by following the provisions of Chapter
VII of the Act, especially uls. 126 - Held: s. 126 can apply only D
when the scheme is not sanctioned and the amount of
compensation has not been determined by the Arbitrator -
Therefore, in cases where town planning scheme is already
sanctioned and the property vests in the State Government
under s.88(a), the question of resorting to s.126(2) does not E
arise -
On facts, after completing the procedure under
Chapter V, compensation was offered and paid to the
appellant and the appeal preferred by the appellant was also
dismissed by the Tribunal and therefore further acquisition of
land u/s.126 does not arise.
F
The question that arose for consideration in the
I
present appeals was whether after framing a Town
Planning Scheme and the final scheme- brought into
force, after reserving plots for public purposes, providing
compensation under Chapter V of the Maharashtra G
Regional and Town Planning Act, 1966 ('the MRTP Act'),
can the land owner insist that the land be acquired only
by following the provisions of Chapter VII of the MRTP
Act, especially under Section 126 of the MRTP Act.
727
H
728
SUPREME COURT REPORTS
[2012] 12 S.C.R.
A
Dismissing the appeals, the Court
HELD: 1.1. The Town Planning Scheme envisaged
under the MRTP Act is a code by itself and the provisions
relating to compensation are inbuilt in the scheme itself.
8 Provisions of Town Planning scheme provide for
computation of compensation by the Arbitrator and if a
party is aggrieved by the determination of compensation
by the arbitrator, a party has a right of appeal before the
Tribunal under the provisions of the MRTP Act. On the
C final scheme being sanctioned by the State Government
under Section 88(a) of the MRTP Act, the property vests
free of all encumbrances in the State Government and all
rights of the original holders in the original plot of land
stand extinguished, the rights of the parties are those
governed by the provisions of the said scheme and
D cannot be dealt with outside the scheme. [Para 35] [757-
F-H; 758-A]
1.2. The Town Planning Scheme, as per the Act, is
meant for planned developments of certain local areas
E depending on various factors in order to make available
utilities and facilities to the general public in the said area.
For the purpose of said Town Planning Schemes, various
facilities, utilities and services are required to be provided
for which certain lands are required. These Town
F Planning Schemes are for immediate need of the
community and not for acquisition on deferred basis and
therefore these sections under Chapter V provide a
machinery to prepare and develop the area and
implement such schemes in praesenti. These schemes
G are not for future projections but for making available
resources at the immediate time. In view of these
circumstances, the lands required for implementation of
various utilities and facilities, services of any public need
and requirement would be for a public purpose and
therefore the same have to be made available the
H
JAYESH DHANESH GORAGANDHI v. MUNICIPAL CORP. OF 729
GREATER MUMBAI
Government immediately so as to implement the scheme.
A
[Para 45) [772-C-F]
1.3. Once the town planning scheme is finally
sanctioned under Section 86, compensation is finally
determined by the Arbitrator, the property vests under B
Section 88 in the State Government, then there is no
question of resorting to further acquisition under Section
126(2) of the Act. The words "town planning scheme"
used in Section 126(2) is in respect of the town planning
scheme which is yet to be finalized and sanctioned under C
Section 86 by the State Government as a final scheme for
inviting objections under Section 67 of the Act. Provisions
of Section 126(2) providing for acquisition of land,
therefore will apply only prior to the town planning
scheme is finally sanctioned under the provision of
SectionExcerpt shown. Read the full judgment & AI analysis in Lexace.