Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Maharashtra Regional Town Planning Act Mumbai Municipal Corporation Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4 Referred Case 5 Referred Case 6 Referred Case 7 Referred Case 8 Referred Case 9 Referred Case 10 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Maharashtra Regional Town Planning Act, 1966 – ss. 37(1), 126- Mumbai Municipal Corporation Act, 1888 – ss. 61(m), 63, 90(1) & (3), 91, 291, 296- Land Acquisition Act, 1894 – ss. 4, 5A, 6, 11 – Land Acquisition – Conflict between two statutes – Harmonious Construction – Public Interest – Colourable exercise of power – Appellants opposed the construction of road on their land by Respondent No. 2 (Municipal Corporation of Mumbai) proposed in Development Plan (DP) – Respondent No. 1 issued a directive under S. 37(1) of Act, 1966 acknowledging the need for a connecting road but stating that it was “not feasible” to pursue construction of an 18.30 metre road through the Appellants’ land – Respondent No. 2 renewed the proposal to have the link road constructed through Appellants’ land under Sec. 126 of the MRTP Act and ss. 90(1) & (3) of the Mumbai Municipal Corporation Act (MMC) – To acquire appellants’ land, Office of the Chief Engineer (Development Plan) forwarded an application to Respondent No. 1 seeking to initiate proceedings under Land Acquisition Act,1894 – Appellants filed a Notice of Motion in the already pending Writ, seeking to restrain Respondent No. 2 – Notice dismissed by the High Court – Acquisition exercise under the LAA was put in motion – Respondent No. 10 and 11 issued notifications under ss. 4 and 6 of the LA Act directing that Appellants’ land be acquired in public interest – Appellants’ interim prayer for status quo vis-à-vis the property was rejected by the High Court – High Court through the final judgment affirmed the need to acquire Appellants’ land for construction of the link road in public interest – High Court held that MMC Act conferred Respondent No. 2 with the power to acquire land and build a new road which required neither prior permission from the State Govt., nor for the road itself to be reflected in the DP – MMC Act and MRTP Act are distinct, and the powers granted to Respondent No. 2 under the former would not be impliedly repealed by the latter merely because it was a subsequent statute – Whether there is conflict between MMC and MRTP Act – Held: Merely because both statutes are concerned with land acquisition, may not necessarily result in conflict between them – Court’s endeavour shall always be to harmoniously construct such provisions so that the legislative intent underlying both statutes can be fulfilled – There is no direct or indirect bar on the exercise of powers under ss. 91, 291(a), and 296 of the MMC Act. – Not only does the State Govt. first evaluate the application under S. 91, but S. 5A of LAA also permits the landowners themselves to air their grievances – The two statutes exist side-by-side with some degree of overlap – Procedural rules must not be allowed to defeat the basic purpose of a statute – In several situations, the needs of the many must outweigh that of the few – Notion of public interest will necessarily reflect the specificities of the situation at hand – the present case to be an appropriate instance where public interest must have paramountcy over private interest – The procedure contemplated under Section 91 of the MMC Act to commence proceedings under the LAA for procuring land was substantially complied with – Respondent No. 2 validly exercised its powers under the MMC Act to direct the acquisition of the Appellants’ land. |
Judge | Hon'ble Mr. Justice Surya Kant |
Neutral Citation | 2022 INSC 904 |
Petitioner | Dr. Abraham Patani Of Mumbai & Anr |
Respondent | The State Of Maharashtra & Ors. |
SCR | [2022] 19 S.C.R. 1045 |
Judgement Date | 2022-09-02 |
Case Number | 5929 |
National Digital Library of India (NDLI) is a virtual repository of learning resources which is not just a repository with search/browse facilities but provides a host of services for the learner community. It is sponsored and mentored by Ministry of Education, Government of India, through its National Mission on Education through Information and Communication Technology (NMEICT). Filtered and federated searching is employed to facilitate focused searching so that learners can find the right resource with least effort and in minimum time. NDLI provides user group-specific services such as Examination Preparatory for School and College students and job aspirants. Services for Researchers and general learners are also provided. NDLI is designed to hold content of any language and provides interface support for 10 most widely used Indian languages. It is built to provide support for all academic levels including researchers and life-long learners, all disciplines, all popular forms of access devices and differently-abled learners. It is designed to enable people to learn and prepare from best practices from all over the world and to facilitate researchers to perform inter-linked exploration from multiple sources. It is developed, operated and maintained from Indian Institute of Technology Kharagpur.
Learn more about this project from here.
NDLI is a conglomeration of freely available or institutionally contributed or donated or publisher managed contents. Almost all these contents are hosted and accessed from respective sources. The responsibility for authenticity, relevance, completeness, accuracy, reliability and suitability of these contents rests with the respective organization and NDLI has no responsibility or liability for these. Every effort is made to keep the NDLI portal up and running smoothly unless there are some unavoidable technical issues.
Ministry of Education, through its National Mission on Education through Information and Communication Technology (NMEICT), has sponsored and funded the National Digital Library of India (NDLI) project.
Sl. | Authority | Responsibilities | Communication Details |
---|---|---|---|
1 | Ministry of Education (GoI), Department of Higher Education |
Sanctioning Authority | https://www.education.gov.in/ict-initiatives |
2 | Indian Institute of Technology Kharagpur | Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project | https://www.iitkgp.ac.in |
3 | National Digital Library of India Office, Indian Institute of Technology Kharagpur | The administrative and infrastructural headquarters of the project | Dr. B. Sutradhar bsutra@ndl.gov.in |
4 | Project PI / Joint PI | Principal Investigator and Joint Principal Investigators of the project |
Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon |
5 | Website/Portal (Helpdesk) | Queries regarding NDLI and its services | support@ndl.gov.in |
6 | Contents and Copyright Issues | Queries related to content curation and copyright issues | content@ndl.gov.in |
7 | National Digital Library of India Club (NDLI Club) | Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach | clubsupport@ndl.gov.in |
8 | Digital Preservation Centre (DPC) | Assistance with digitizing and archiving copyright-free printed books | dpc@ndl.gov.in |
9 | IDR Setup or Support | Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops | idr@ndl.gov.in |