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K. M. JOSEPH, HRISHIKESH ROY
Mahanagar Telephone Nigam Ltd. (East-I) – Appellant
Versus
Assistant Commissioner Bihanmumbai Mahanagarpalika – Respondent
JUDGMENT
K.M. Joseph, J. - The appellant challenges the judgment of the Division Bench of the High Court dismissing Writ Petition No. 791 of 2008 filed by it. The relief sought by the appellant is as follows:
"a) that this Hon'ble court may issue writ of certiorari or any other order, or direction writ, in the nature of writ of certiorari under Article 226 of the Constitution of India, for quashing and setting aside the said impugned Notices dated 27.9.2006 and 01.03.2008 issued by the Respondents under Section 299 and 488 of the Mumbai Municipal Corporation Act, 1888."
2. Having regard to the nature of the order passed viz., essentially its length, we deem it apposite to refer to it:
"Heard.
2. The road line was fixed by the Municipal Corporation long back in the year 1988 by following the procedure under section 297 of the Bombay Municipal Corporation Act. Therefore, now the respondents have taken action under section 299 of the Bombay Municipal Corporation Act, for taking possession of the land.
3. The learned counsel for the petitioner states that the petitioner has already surrendered a portion of its land. However, the submission of the learned counsel for the Municipal Corporation
The court emphasized the importance of upholding the regular line of the street for public interest and found that the impugned notices were legal under the Bombay Municipal Corporation Act, 1888.
The main legal point established in the judgment is that the Municipal Corporation's actions under sections 299 and 297(1)(b) of the MMC Act were without jurisdiction as the affected land did not fal....
The provisions S.90 and S.91 of the Bombay Municipal Corporation Act provide alternative modes for land acquisition, and prior attempts to negotiate are not conditions precedent for compulsory acquis....
Section 210 (1) (a) empowers the Commissioner to prescribe a street line for the first time without the prior approval of the Standing Committee (as has been done in the present case). It is only und....
Section 265 of Act reads as vesting of public streets and their appurtenances in corporation.
Pleadings there have been any specific averments regarding violation of any provisions of the Land Acquisition Act, 1894.
(1) Acquisition of land – Under no circumstances should rights of individual citizens be trodden upon arbitrarily and any curtailment of them must be scrutinized with utmost care – At the same time, ....
Petitioner was denied natural justice as no hearing was provided before sanctioning a public road through their property; decisions were set aside for non-application of mind and improper considerati....
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