LexMUNICIPAL CORPORATION OF GREATER BOMBAY versus THE INDUSTRIAL DEVELOPMENT AND INVESTMENT CO. PVT. LTD AND ORS.
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1
MUNICIPAL CORPORATION OF GREATER BOMBAY
A
v.
THE INDUSTRIAL DEVELOPMENT AND INVESTMENT
CO. PVT. LTD AND ORS.
SEPTEMBER 6, 1996
[K. RAMASWAMY AND S.B. MAJMUDAR, JJ.]
Land Acquisition :
B
Maharashtra Regional and Town Planning Act, 1966: Section 125, 126 C
and 128.
Public purpose-Acquisition of land--Change in purpose of land
user-Effect of-Held : acquisition must have direct connection with public
purpose for which land was reserved or eannarked-/f public purpose ceased D
to exist, land got dereserved and acquisition under under S.126 became
incompetent-{n such an event fresh notification under S.126 was neces-
sary-/nterested person should be vigilant and watchful to seek judicial review
under Article 226 before acquisition became final and land vested in State
free from all encumbrances-Once proceedings were complete such challenge E
could not be entertained-Per Ramaswamy, J: However, land acquired for a
public purpose may be used for another public purpose-I' er Majmudar, J :
cha~ge of public purpose of land user must be specifically shown in plan and
then a fresh proposal under S.126(1) r/w. S. 40(3)(c) should be issued-Bom-
bay Metropolitan Region Development Authority Act, 1974.
F
Public purpose-Acquisition of /and-Subsequent change in purpose of
land user--lnordinate delay in challenge under Art. 226-Notification issued
under S.126 of Maharashtra Regional and Town Planning Act r/w. S.6 of
Land Acquisition Act reserving land for public purpose of extension of
Sewerage Purification Plant-But before acquisition proceedings culminated G
in award, said land got dereserved and was to be utilised under new plan for
residential-cum-commercial purposes with no special reservation for
Municipal Corporation-Thus public purpose envisaged in original notifica-
tion got eclipsed-Held : in such an event fresh notification would be neces-
. sary-/nterested person must be vigilant and watchful to impugn under Article
226 the original notification before completion of acquisition proceedings.
H
551
A
B
552
SUPREME COURT REPORTS [1996] SUPP. 5 S.C.R.
Public purpose-Acquisition of land-Scheme of-Held : scheme was
a comp/et~ code under Maharashtra Regi,onal and Town Planning Act-lt
was distinct and independent from that under Land Acquisition Act-S.
126( 1) was a substitute for S.4 of Land Acquisition Act.
Land Acquisition Act, 1894 : Sections 4 and 6.
Public purpose-Acquisition of land-Public purpose ceased to
exist-Held : Per Ramaswamy, J : land acquired may be used for another
public purpose.
Land Acquisition-Landlord accepted award and received compensa-
C tion-Challenge of acquisition by sitting tenant-Held : per Ramaswamy,
!-Tenant could not challenge notification and declaration--Per Majmudar,
J : in appropriate cases such challenge could be levelled by concerned tenant
having subsisting interest in land.
D
Constitution of India, 1950 : Article 226.
Public purpose : acquisition of land-Change in land user-Challenge
of-Delay and !aches-Acquisition proceedings completed, award passed and
land vested in State free from all encumbrances-field : Proceedings became
final an4 not open to challenge on ground of violation of statutory require-
E ments such as non-existence of public purpose-Aggrieved person must ap-
proach Court before completion of proceedinw-ft was not the function of
Land Acquisition Officer to see if notified public purpose existed.
Writ petitiort--Maintainability of-Delay and /aches-Acquisition of
land-Notification fo~cquisition proceedings completed and award
F passed-Thereafter, writ petition filed challengi,ng acquisition-Held : High
Court should be loathe to quash notification.
The State Governme111t issued a notification under Section 126(2) of
the Mahai;ashtra Regional and Town Planning Act, 1966 read with Section ·
G 6 of the Land Acquiring Act, 1894 for acquiring lease-hold land of respon·
dents for a public purpose for extension of Water Sewerage Purification
Plant of the appellant-Corporation as ear-marked in the then Operative
'
Sanctioned Development Plan. However, before acquisition proceedings
qua that the land could culminate into the award, the said land got
de-reserved for that specified public purpose. With the coming into force
H
of the Bombay Metropolitan Region Development Authority Act, 1974 the
MUNI.CORPN. OF GREAIBR BOMBAYv. JNDL. DEV. AND INVT. CO. PVT. LID.553
said land was ear-marked for residential-cum-commercExcerpt shown. Read the full judgment & AI analysis in Lexace.