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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
GAURI GODSE
Milan Cooperative Housing Society Limited, Pune – Appellant
Versus
Pune Municipal Corporation – Respondent
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 (‘corporation’) from obstructing the lawful title of the society as owner and in possession, and the society’s right to develop the said plot and construct the commercial building. The second appeal is admitted by order dated 2nd December 2005 on the following substantial question of law:
i) In the absence of any acquisition of the property belonging to the Appellant, under the provisions of Section 78 of the Bombay Provincial Municipal Corporation Act, 1949 and in the absence of any agreement under Section 77
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....
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....
Authority under the Act of 1976 exercises a quasi-judicial power which implies observing of the principles of natural justice and to conclude that the occupants are not entitled to occupy the plots. ....
The main legal point established in the judgment is that delay and laches in approaching the Court can lead to the dismissal of a writ petition, especially in cases where possession of the land has b....
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Failure to initiate acquisition proceedings within the stipulated time under the MRTP Act results in lapsing of land reservation, allowing the owner to develop the property.
Failure to initiate acquisition steps within the stipulated time under the MRTP Act results in lapsing of land reservation, protecting landowners' rights.
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