Allowed

Bhujangrao Rama Ingle. v. State of Maharashtra and Others.

Bombay HC30 Jan 2012WP/1221/1991

Case brief

AI extract

What is this about?

The court set aside a Municipal Council's order directing the release of the petitioner's property for road widening without citing statutory acquisition procedures. The judgment held that the Council lacked power to compel release under the relevant Act and violated constitutional safeguards.

What did the court decide?

The order of the Municipal Council was set aside and the Collector directed to reconsider the Non-Agricultural permission on merits within three months.

Bhujangrao Rama Ingle. Vs State of Maharashtra and Others. — Land Acquisition | Bombay HC (2012)

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KBP1 wp-1221-91.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.1221 OF 1991

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Bhujangrao s/o.Rama Ingle ..Petitioner Vs The State of Maharashtra and ors. ..Respondents

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Mr.A.P.Bhandari, Advocate for petitioner.

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Mr.V.H.Dighe, AGP for respondent nos.1 to 3.

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Mr.P.V.MAndlik, Senior Advocate for respondent no.4.

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CORAM : K.U.CHANDIWAL, J. DATE : JANUARY 30, 2012

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P.C.:

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Heard. Mr.P.V.Mandlik, learned Senior Counsel appears for the Municipal Council. Rule was issued on 30th August, 1991. The petitioner questions directions of the learned Chief Officer, Nagar Parishad dated 5th September, 1990 and making these directions as base by the Collector to set aside the non agricultural permission granted to the petitioner which was communicated by termination order dated 22nd March, 1991. There is no controversy that in the

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KBP2 wp-1221-91.odt

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Development Plan of City of Bhokardan, there is proposed 18 metres wide road which affects property of the petitioner by 230 feet in length from South – North and 27 feet in width. It also does not require an Astrologer to profess, erection of road, would facilitate in developmental projects in the city. However, without applying procedure of acquisition, the property owned by the petitioner, could not have been asked by dictation, to be released on nominal payment within a period of a week. Such act on the part of the Execution Officer, Bhokardan, is contrary to the settled legal position. There is nothing under the Maharashtra Municipal Councils, Nagar Panchayats and Industrial Townships Act, 1965, providing such powers in the Nagar Parishad. The law contemplate that the procedure for acquisition has to be followed. Under Article 300-A of the Constitution of India, no person shall be deprived of his property saved by authority of law. Since the petitioner is not using the property for any other purpose, it was for the Municipal Council to adhere the Rules.

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2] The order of Municipal Council, therefore, calls for interference and the same is set aside.

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KBP3 wp-1221-91.odt

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3] Since this order is set aside, learned Collector, Jalna shall reconsider recalling rejection of N.A. permission by order dated 22nd March, 1991 on its own merits and preferably within three months from receipt of communication.

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4] Rule made absolute in the above terms.

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[K.U.CHANDIWAL, J.]

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kbp/

Bhujangrao Rama Ingle. v. State of Maharashtra and Others.

Case brief

What is this about?

What did the court decide?

Bhujangrao Rama Ingle. v. State of Maharashtra and Others.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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