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2018 Supreme(Bom) 1875

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
R.D. DHANUKA, J.
PUNE MUNICIPAL CORPORATION - Appellant
Versus
RAJEEV L SANGTANI - Respondent
Civil Revision Application No. 316 of 2016; Civil Application No. 459 of 2017
Decided on : 19-10-2018

Advocates:
Advocate Appeared:
J.P. Sen, Adv., Abhijit P Kulkarni, Adv., M.M. Adgujar, Adv., P.S. Dani, Adv., S.R. Ganbavale, Adv., Sangramsingh Yadav, Adv., A.R. Patil, Adv.

Headnote:

Development plan - Directions for modification - Claim of compensation - Convert reservation - Land Acquisition Rehabilitation & Resettlement Authority - Land Acquisition Act, 1894 - Maharashtra Regional Town Planning Act, 1966 - section 18 , 24(1)(b) , 115 - By this civil revision application filed under section 115 of CCP , applicant has impugned passed by learned Ad-hoc District Judge 2, which was filed by Pune Municipal Corporation, an Acquiring Body contending that reference made by respondents under s 18 of Act, 1894 was not tenable and learned Ad-hoc District Judge - 2, did not have jurisdiction to entertain said reference - Applicant is a local authority and also is a planning authority under provisions of Act, 1966 - Respondent nos 1 to 4 are original owners of suit land - Suit land was initially reserved for garden in development plan in city of Pune - On an application made by owners to cancel reservation, State Government issued directions for modification of plan to convert reservation of subject plot into a residential user –Held,Office is accordingly directed to place papers and proceedings of this civil revision application before Honble Acting Chief Justice to decide whether following issues shall be referred to Larger Bench for consideration :- Whether under S 24(1)(b) of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, land owner or any party seeking enhancement of claim of compensation can invoke provisions of s 18 of Act, 1894 for seeking enhancement of claim of compensation even though land acquisition award had been rendered under section 11 of Act, 1894 ?or Whether any such person interested who has not accepted award rendered after 1st January, 2014 declaring compensation under s 11 of Act, 1894 can seek reference by applying only to refer such claim to Authority "Land Acquisition Rehabilitation & Resettlement Authority" established under s 51 of Act of 2013? - Ad-Interim relief granted by this Court on 20th June, 2016 to continue till further orders – Ordered accordingly -

JUDGMENT :

R.D. DHANUKA, J.

1. By this civil revision application filed under section 115 of the Code of Civil Procedure, 1908, the applicant has impugned the order dated 11th April, 2016 passed by the learned Ad-hoc District Judge - 2, Pune below Exhibit - 24 in L.R. No.162 of 2015 which was filed by the Pune Municipal Corporation, an Acquiring Body contending that the reference made by the respondents under section 18 of the Land Acquisition Act, 1894 (for short "the Act of 1894) was not tenable and the learned Ad-hoc District Judge - 2, Pune did not have jurisdiction to entertain the said reference.

2. The Civil Application No.459 of 2017 is filed by the applicants (original defendants) herein inter-alia praying that the order dated 20th June, 2016 thereby staying further hearing of L.R. No.162 of 2015 be vacated and for an order and direction against the Pune Municipal Corporation to pay an amount of Rs. 52,71,50,268/- being the balance amount allegedly payable under the award dated 22nd December, 2014 during the pendency of this civil revision application. Some of the relevant facts for the purpose of deciding the civil revision application and the civil application are as under :

3. The applicant is a local authority and also is a planning authority under the provisions of the Maharashtra Regional Town Planning Act, 1966 (for short "the Act of 1966") in the city of Pune. The respondent nos.1 to 4 are the original owners of the suit land.

4. The suit land was initially reserved for garden in the development plan in the city of Pune of the year 1987. On an application made by the owners to cancel the reservation on 22nd October, 1992, the State Government issued the directions for modification of the plan to convert the reservation of the subject plot into a residential user.

5. On 22nd December, 1992, the General Body of the applicant passed a resolution to de-reserve the suit plot vide its Resolution no.384. The final notification was issued in the Government Gazette on 18th February, 1993 granting final approval for de-reservation of the suit plot.

6. Some of the members of public filed a Writ Petition bearing No.2087 of 1993 in this Court impugning the said resolution published in the Government Gazette on 18th February, 1993. The said writ petition filed by those members of public viz. Shri Rusi Kapadia & Others came to be allowed. The action of de-reservation of the suit plot was set aside by this Court. The respondent nos.1 to 4 filed a Special Leave Petition which was converted into a Civil Appeal Nos.8274 and 8275 of 2003. On 19th October, 2005, the Hon'ble Supreme Court directed the individual persons to deposit the amount of compensation for land acquisition with the State Government within six months from the said order dated 13th May, 2005. The Standing Committee thereafter passed a resolution on 19th October, 2005 requesting the General Body of the applicant to pay compensation for the suit plot from the municipal funds.

7. On 13th December, 2016, the Standing Committee of the applicant passed a resolution granting approval of the suit land. The applicant also made an application before the Hon'ble Supreme Court for seeking permission to acquire the suit land by issuing a fresh notification. On 11th February, 2008, the Hon'ble Supreme Court disposed of the said application filed by the applicant and granted liberty to the applicant to acquire the suit land by issuing a fresh notification.

8. On 22nd January, 2009, the proposal for acquisition of the suit land was transferred to the Special Land Acquisition Officer for further action. On 22nd July, 2011, a notification for acquisition of the suit land came to be published in the Official Gazette. The said notification was also published in the local newspaper dated 26th July, 2011. The respondent nos.1 to 4 thereafter filed a Writ Petition No.7986 of 2011 in this Court impugning the said notification dated 22nd July, 2011 and for other reliefs. This Court disposed of t

















































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