Bombay HC Orders ₹1.5 Lakh Payment from MHADA and Solapur Corp
The Bombay High Court has imposed costs on MHADA and Solapur Corp for failing to acquire land properly since 1987
Bombay, MHADA, Solapur, Land Acquisition, Court Ruling
Bombay: So, the Bombay High Court just made a big ruling. They told the Maharashtra Housing and Area Development Authority (MHADA) and the Solapur Municipal Corporation to cough up ₹50,000 each to three landowners. These folks had their land taken back in 1987, but it was never properly acquired. Can you believe it? That’s 37 years!
The land was taken under the Bombay Land Requisition Act, but the authorities dropped the ball on the acquisition process. A couple of judges, MS Sonak and Jitendra Jain, said the authorities can still start the acquisition process if they want to. But they really messed up by not following the right steps.
The landowners, including some who have passed away, argued that the government never followed through after the requisition order. They published a notice back in 1987 about acquiring the land for a road and widening a Nalla, but nothing happened after that. It’s like they just forgot about it!
The owners were okay with getting ₹1 lakh per hectare, but they pointed out that the requisition should have ended after 24 years. The state thought they were in the clear since they took possession back in ’87, but the court had a different take on it.
The judges made it clear that there’s a big difference between a “notice” and a “notification.” The notice was just a proposal, not a final decision. Without that final notification, the state’s claim didn’t hold up. They also reminded everyone that requisition is supposed to be temporary, not a forever thing.
Since the requisition period ended in July 2011, the court said keeping the land was illegal. But here’s the kicker: because the land is now being used for a road, the court gave the authorities a year to sort things out and either acquire the land properly or give it back to the owners.
In the end, the court slapped MHADA and the Solapur Municipal Corporation with costs for not following the law. This ruling really highlights how important it is for authorities to respect landowners’ rights and stick to the rules.