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2004 Supreme(Bom) 1588

Bombay High Court
(DECEMBER 22, 2004)
NAGPUR LAND DEVELOPERS ASSOCIATION
Versus
STATE OF MAHARASHTRA

Headnote:Constitution Of India, 1950 - Article 141 - Binding precedent under Article 141 of Constitution. - When both Judges of Division Bench differ on a particular point then it cannot be accepted as binding precedent under Article 141. AIR 1999 SC 393, 1996(11) SCC 501, 1969(1) SCC 509, AIR 1986 SC 468, 1975(4) SCC 285, (1986) 2 SCC 138, (1990) 3 SCC 579, (1996) 3 SCC 491, (1996) 6 SCC 405, AIR 1996 SC 3457 - Referred.

       Land Acquisition Act, 1894 - Section 4 - Public purpose. - Public purpose stipulated under Section 4 of L.A. Act, 1894 need not give detailed particulars of project to be established.

       Land Acquisition Act, 1894 - Section 4 - Constitution of India, Article 226 - Notification under Section 4 of L.A. Act, 1894. - Publication of Notification under Section 4 of Act for acquisition of land for general public interest by State Government, need not to be interfered with by High Court in writ jurisdiction.

       Land Acquisition Act, 1894 - Sections 4 and 6 - Power of State Government. - State Government is competent to change one public purpose to another public purpose. - (1986) 2 SCC 138, (1990) 3 SCC 579, (1996) 3 SCC 491, (1996) 6 SCC 405, AIR 1996 SC 3457, Rel.

       MAHARASHTRA REGIONAL AND TOWN PLANNING ACT, 1966 - Section 115 as amended by Section 40(3) (d) - Submission of proposal. - A proposal can be submitted by Special Planning Authority both in case of land proposed to be acquired and in respect of land already acquired under Section 115(1) of MRTP Act, 1966.

       Urban Land (Ceiling and Regulation) Act (33 of 1976) - Section 42 - Maharashtra Regional Town Planning Act (37 of 1966), Sections 113, 113-A, 114, 115, 116 and 117 as amended by Section 40 - Land Acquisition Act, 1894, Sections 4 and 6 - Sanction for acquisition of land. - Grant of sanction for a scheme for an individual plot under Urban Land Act not overrides acquisition of land under L.A. Act, 1894.

Judgment

S. U. KAMDAR, J.

( 1 ) EVEN after expiry of more than half a century to adoption of our Constitution inter alia having a goal of social, economic and political justice, this part of the country still sees a large number of suicides by the farmers out of desperation and utter poverty. The lack of mercy of Rain God coupled with the lack of political will of our leaders to develop this part of the country has resulted in these consequences. This part of the country has remained underdeveloped even though the World has reached in 21st Century and our country also has made overall rapid growth in various spheres.

( 2 ) SIX years after adopting of Constitution i. e. by the 7th Constitutional amendment Act of 1956 the provisions of Article 371 was introduced inter alia providing for special provisions in respect of the State of Maharashtra and gujarat. Sub-clause (2) (a) of Article 371 provides for establishment of separate development Board for Vidarbha Region and creation of a necessary fund for development of this part of the country. Non-development of this region has been a serious draw-back for the overall development of Maharashtra State itself. This non-development has become so unbearable with the passage of time that the sounds of a cry for a separate Vidharbha State can also be heard. Before the said cry of separate Vidarbha State turns into a serious social and political crisis, the state Government has undertaken to carry out a substantial development of this region. Towards the said aim one of the steps taken is to introduce a project what is popularly known as Meghdoot Project inter alia providing for a planned development of a new town along with an International Cargo Hub which could result in serious commercial activities resulting in development of this region.

( 3 ) AS has been always been, every development has been road blocked by a controversy between private interest and public interest. This project has also not been out of the similar controversy. The Court as a last resort has always been approached to resolve such controversial disputes between the private interest of an individual vis-a-vis of the public interest of the public at large. It has always struck a fine balance to protect to the maximum both the interests. Fundamentally a sound principle hasbeen that private interest must give way to a larger public good and public interest. At the threshold of this Meghdoot Project, this controversy has been wrecked up by the private land owners ably supported by the developers, builders and contractors. These petitioners have challenged the action on the part of the State Government of acquisition of the land under the provisions of the Land Acquisition Act and has sought that these acquisition proceedings be quashed and set aside.

( 4 ) THESE petitions are filed in the year 2000. Four years down the lane, the petitions are not even heard for the preliminary hearing at the admission stage. The matter has been lingering on by adjournments after adjournments and pleadings after pleadings. As observed by the Apex Court in the case of Raunak international Limited vs. I. V. R. Construction Limited, reported in 1999 (1) mh. LJ. (SC) 98 = AIR 1999 SC 393 that every days delay in starting of the project consequently results in delay in the implementation thereof. Thus, the result is the loss of exchequer because huge cost over run results in great strain on the public money and public revenue. The proceedings in Court and Court delays has been one of the causes for the same. The Courts must avoid these eventualities. Keeping in mind the aforesaid principle enunciated by the Apex court in Raunak International Limiteds case, by consent of the parties, we have undertaken to dispose of this batch of 26 writ petitions challenging the provisions of the Land Acquisition Act for establishment of a new town for final disposal at the preliminary stage of admission itself. Thus, we issue Rule in all writ petitions and m



























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