NDLI: The Kolhapur Municipal Corporation & Ors. Vs. Vasant Mahadev Patil (dead) Through L.r.s & Ors.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act 2013
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
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Disposed Off
Headnote	Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 – s. 19 – Maharashtra Regional and Town Planning Act, 1966 – ss. 126, 127 – Land Acquisition Act, 1894 – ss. 4, 6, 11 – Different portions of the land reserved in the sanctioned development plan for various public purposes – Land owned by the writ petitioners-respondent not acquired and/or used for which the same was reserved under the plan – Notice served by the land owners u/s. 127 of the MRTP Act – Submission of proposal by the Municipal Corporation-appellant to the State Government for compulsory acquisition of the said property – Direction by the District Collector to the appellant to deposit the compensation amount before the acquisition procedure u/s. 4, 6 and 11 of the 1894 Act – Subsequently, on enactment of the Act of 2013, the Special Land Acquisition Officer directed the appellant to deposit the compensation amount, however since the appellant was not in a financial position to pay such a huge amount, it requested the landowners to accept the Transferable Development Rights-TDR in lieu of compensation amount and the same was accepted – Meanwhile, the Land Acquisition Officer informed the appellant to deposit part of the total amount of compensation and that the land under reservation fell within the flood affected area and thus, the compensation amount was reduced – As per the appellant, before the TDR proposal could be considered, development work was to be carried out upon the said reserved land for making it suitable for the public purpose – However, the landowners did not agree to avail of the TDR and filed writ petition seeking directions to the appellants to publish a final notification u/s. 126(2) and (4) of the MRTP Act r/w s. 19 of the Act of 2013; and deposit the compensation amount – High Court directed the Special Land Acquisition Officer to communicate to the Municipal Corporation the amount which is required to be deposited by them as a condition precedent for issuing a declaration u/s. 19 of the said Act of 2013 – Appellants then filed writ petition seeking direction to the respondents to accept the TDR in lieu of compensation – High Court rejected their claim as respondents were not consenting to accept the TDR – On appeal, held : Land had not been acquired for ten years despite the writ petitioners having issued a purchase notice dated 02.01.2012 u/s. 127 of the MRTP Act for acquisition of the reserved area – Mere Resolution being passed by the General Body of the Corporation to acquire the land and sending a letter to the Collector to acquire the land, without any further steps being taken under the Land Acquisition Act, namely no declaration u/s. 6, would result in the reservation as deemed to have lapsed – Mere passing of a Resolution and/or making a budgetary provision for payment of the compensation in the budget cannot be said to be taking steps as contemplated u/s. 127 of the MRTP Act – Thus, once by operation of law, the reservation is deemed to have lapsed, it is lapsed for all purposes and for all times to come – No further writ of mandamus could have been issued by the High Court to acquire the land and thereafter pay the compensation to the landowners – Furthermore, no Corporation/Planning Authority can be compelled to acquire the land which according to the Corporation/Planning Authority is not suitable and/or usable for the purposes for which it is reserved – Any other interpretation would lead to colourable and fraudulent exercise of power and cause financial burden on the public exchequer – Moreover, in case of grant of TDR, before the High Court, the landowners specifically filed the affidavits stating that they do not wish to avail of TDR and their only prayer before the High Court was to acquire the land and to pay them the compensation – Thus, now it is not open for the landowners to pray for the TDR in respect of the land in question – Principle of approbate and reprobate equally applicable to the landowners also – Thus, the land once found to be usable and/or suitable for the purposes for which it has been reserved, the Corporation cannot still be compelled and directed to acquire the land and grant TDR in lieu of amount of compensation – Order passed by the High Court directing the appellant to issue a declaration u/s. 19 and consequently to acquire the land and to pay the compensation to the landowners quashed and set aside.
Judge	Hon'ble Mr. Justice M.R. Shah
Neutral Citation	2022 INSC 179
Petitioner	The Kolhapur Municipal Corporation & Ors.
Respondent	Vasant Mahadev Patil (dead) Through L.r.s & Ors.
SCR	[2022] 16 S.C.R. 358
Judgement Date	2022-02-14
Case Number	510

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