Back
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
GAURI GODSE
Milan Cooperative Housing Society Limited, Pune – Appellant
Versus
Pune Municipal Corporation – Respondent
| Table of Content |
|---|
| 1. clarification of property ownership and rights (Para 1 , 2 , 3 , 4) |
| 2. arguments supporting society’s claim on possession (Para 5 , 6 , 7) |
| 3. counterarguments from the corporation on claimed rights (Para 8 , 9 , 10 , 11 , 12 , 13) |
| 4. analysis of the society's claim over the construction rights (Para 22 , 23 , 24) |
| 5. acquisition principles under the mrtp act (Para 28 , 29 , 30) |
| 6. court's discretionary power in granting injunctions (Para 32 , 33) |
| 7. conclusion on the dismissal of the appeal (Para 34) |
JUDGMENT :
GAURI GODSE, J.
1. This second appeal is filed by the original plaintiff to challenge the concurrent judgments and decrees dismissing the suit for a declaration that the plaintiff has the right, title and interest and the authority to develop the suit property. The suit was filed with respect to the plot of land bearing Plot No. 14( part of old survey no.3) out of Survey No. 133, Hissa No. 5B, 6B, 7B (‘said land’). The plaintiff's prayer was for a declaration that the plaintiff (‘society’) has the right to develop the said plot and construct a commercial building in its capacity as the owner. The suit also prayed for a permanent injunction restraining the respondent
The acquiescence to surrender land for development rights without monetary compensation constitutes a valid acquisition under statutory provisions, upheld despite late challenges to possession.
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....
Public land designated for a specific purpose cannot be acquired if re-designated for another use, and inaction by claimants can result in dismissal of subsequent challenges based on laches.
Once possession is taken and an award is passed, challenges to land acquisition proceedings are not maintainable, and remedies for compensation must be sought through reference proceedings.
Even though there is no period of limitation for filing petitions under Articles 32 and 226 of the Constitution, the petitioner should approach the Court without loss of time and if there is delay, t....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
