Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Madhya Pradesh Municipal Corporation Act 1956: s.305 - Rapid Transport System - BRTS corridor scheme for improvement of public transport system - Widening of public roads for BRTS corridor |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Madhya Pradesh Municipal Corporation Act, 1956: s.305 - Rapid Transport System - BRTS corridor scheme for improvement of public transport system - Widening of public roads for BRTS corridor - Action taken by Municipal Corporation u/s.305 for removal of building projecting beyond regular line of public street - Propriety of. challenged by land owners - Held: The opening part of s.305(1) and latter part after clause (b) make it clear that a building or a part of the portion which projects into the periphery of regular line of public street can be removed - The provisions of s.305 cast a mandate upon the Corporation to remove whatever is projecting beyond the regular line of public street - No fault in action taken by Corporation. s.305 - Deemed vesting - Held: The vesting takes place, as soon as the building is removed or notice is served for the building to be set back - As soon as the building or the projecting part is removed or when the Corporation issues a notice when such re- building shall be set back or to the front line, the line added by such action by setting back or removal, shall henceforth without any further formalities, be deemed to be a part of public street and shall vest in the Corporation - Vesting does not depend upon the volition of the owner - Considering the deeming fiction in s.305 and y'!_stinf{ provision, de jure and de facto possession automatically vest in the Corporation on the happening of the exigencies as provided in s.305 - Municipalities - Expropriatory legislation - Interpretation of statute. C D E F G s.305 - No specific provision for taking over possession - Held: By deeming fiction, vesting takes place, as such there was no necessity of specific provision for taking over of the possession that is implicit in the deeming part and vesting of the property bylegal fiction. ss.305, 306, 387 - Compensation - Relevant provisions in the Act - Held: s.387 provides for procedure in case compensation determined u/s.306 is not acceptable - Dissatisfied claimants can resort to s.387 which require determination of dispute by Panchayat/ arbitration, and in case arbitration fails, parties can approach the District Court ll'hich shall follow the procedure provided in Land Acquisition Act, 1894 - The provision of s.387 is very wide and covers all the cases in ll'hich an agreement is not arrived at with respect lo compensation or damages which are under the Act directed to be paid - s.387 would cover the provisions of compensation payable under ss.305 and 306 of the Act of 1956 - ss.305 and 306 use the expression 'reasonable compensation has to be paid· which would mean, reasonable on the principle acceptable in accordance with law - Land Acquisition Act, 1894. ss.305, 78, 79 - Public street - Acquisition whether can be resorted u/ss. 78, 79 - Held: The language of s.305 is plain, simple and clear - The exigencies when the notice can be issued including the vesting part and deeming fiction are very clear - There is no omission or lacunae, much less casus omissus in the provisions contained in s.305 of the Act - lf the provision as lo public street is made dependent upon the acquisition of land. the very purpose behind the provisions of s.305 would be frustrated - Development plan once prepared is binding upon the Development Authorities in the planning area as well as on the Municipal Corporation and the local authorities and all concerned including owners - lf the land falls in a regular line of public street. 110 construction can be raised and no projection can be made by 011•11er whereas it can be removed or set back, as the case may be - 111 case acquisition is resorted to under ss. 78 and 79, public street can never be widened and the entire purpose of preparation of Development Plan shall stand defeated.s.305 - Removal of building falling in regular line of public street - Applicability of Maxim "Generalia specialibus non derogant and Generalibus specialia derogant" - Held: Recourse to the provisions of acquisition under ss. 78 and 79 is clearly ousted by the special provision contained in s.305 of the Act of 1956-,- Being a special provision with respect to maintaining a regular line of a public streetwhich has been carved out by the Legislature under s.305 of the Act of 1956, it would prevail upon the general provisions with respect to acquisition of land as provided in ss. 78 and 79 thereof - Madhya Pradesh Town and Country Planning Act, 1973 - s.56 - Maxims. A ss.305, 306, 387 - Computation of compensation - Held: The provisions of ss.305 and 306 cannot be read in isolation - They B have to be read with wholesome provision of s.387 and what is contemplated under s. 387 has to be taken to be the principle of reasonable compensation even in ss.305 and 306 - The principles laid down in ss.305, 306 and 387 are quite reasonable - Reasonable compensation is payable by the Corporation for building or part C thereof excluding the land under proviso to s.305(1) and compensation for inclusion of land in public street is payable under s.306(3) of the Act- There is no ground to read down the provisions - Holl' the compensation is to be worked out at the appropriate stage, is the outcome of the authorities concerned and the job of the arbitrator/District Court, as the case may be - Appellants are at D liberty to raise the question with respect to the adequacy of compensation and how the provision of s.387 has to be interpreted and what would be the just compensation at the appropriate stage of datermination of compensation. s.387 - Compensation - s.387(5) empower the Corporation to take possession after determination of compensation by arbitrator or by District Court - Applicability of s.387(5) in case of deemed vesting - Held: The provisions contained in s.387(5) would be applicable only to the acquisition resorted to under ss. 78 and 79, and not to a case which is covered by the special provisions contained in s.305 where the vesting is deemed to be by operation of law and as soon as there is deemed vesting, the area shall vest in the Corporation and it shall be deemed to be a part of public street - Thus, the provision of s.387(5) is not attracted when it is deemed to be part of the public street on vesting in the Corporation. E F Compensation - Delayed payment of compensation - BRTS G corridor project - When no time limit is fixed for payment of compensation, it has to be all'arded within a 'reasonable time' - Law envisages speedy action without unreasonable delay and that is what is expected of the concerned authorities, in respect of the obligation imposed on them to be discharged - Municipalities. |
Judge | Hon'ble Mr. Justice Arun Mishra |
Neutral Citation | 2016 INSC 1075 |
Petitioner | Ravindra Ramchandra Waghmare |
Respondent | Indore Municipal Corporation & Ors. |
SCR | [2016] 9 S.C.R. 373 |
Judgement Date | 2016-11-29 |
Case Number | 11307 |
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