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HIGH COURT OF BOMBAY
G. S. KULKARNI, ADVAIT M. SETHNA, JJ
Purnima Talkies Through Hemant Mali (Proprietor) Dahanu Par Naka Taluka Dahanu, District – Appellant
Versus
Chief Officer, Dahanu Nagar Parishad, Dahanu Nagar Parishad, Dahanu – Respondent
| Table of Content |
|---|
| 1. petitioner challenges compensation refusal (Para 2 , 3) |
| 2. petitioner is a cinema owner (Para 4) |
| 3. land history and permissions (Para 5 , 6 , 7) |
| 4. notification on ecologically fragile area (Para 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21) |
| 5. petitioner's argument on compensation (Para 22 , 23 , 24 , 25 , 26 , 27) |
| 6. respondents' acknowledgment of facts (Para 28 , 30 , 31 , 32 , 33 , 34 , 35) |
| 7. legal authority for land acquisition (Para 29) |
| 8. court's ruling on compensation (Para 36 , 37 , 38) |
JUDGMENT :
1. Rule, returnable forthwith. The respondents waive service. By consent of the parties, heard finally.
“(b) That the Hon’ble High Court may be pleased to issue a writ of mandamus or a writ in the nature of mandamus or any other writ/ Order/direction to the Respondent No.1 be directed to acquire the land of the Petitioner under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 in the absence of agreement in regards to acceptance of TDR/FSI and pay them monetary compensation.
A) Issues Before the Court:
(B) Factual Matrix:
4. The petitioner is a proprietary concern of one Shri Hemant Mali, re
Absence of agreement for TDR/FSI necessitates monetary compensation under the 2013 Act, as lawful acquisition processes were not followed.
The acquisition under Section 126(1)(a) and (b) of the Maharashtra Regional & Town Planning Act, 1966 has to be by consensus between both the parties and not only at the option of the Acquiring Autho....
Point of Law : The opening words of sub-section 1(b) of Section 126, “in lieu of any such amount” clearly indicate that the discretion which land owner can exercise under sub-section 1(a), is equally....
Reservation of land under the MRTP Act lapses if the land is not acquired within ten years from the date of publication of the final Development Plan and no declaration under Section 19 of the Act of....
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