Case Note & Summary
The petitioners, owners of land in Latur, challenged the acquisition of their land by the Municipal Council for construction of a development plan road from Saligalli to Sidheshwar temple. The land was reserved in the development plan, and a proposal for acquisition was submitted on 20.03.1990. A notification under Section 126(4) of the Maharashtra Regional and Town Planning Act, 1966 read with Section 6 of the Land Acquisition Act, 1894 was issued on 19.12.1991, and the Special Land Acquisition Officer passed an award under Section 11 of the Land Acquisition Act on 29.12.1994. Possession of the land was taken on 27.04.1995, and the road was constructed and is being used by the public. The petitioners filed the writ petition in 2009, after a delay of about 15 years, claiming that the acquisition was not in compliance with the MRTP Act and that they were still in possession. The court, after hearing both sides, held that the petition suffers from gross delay and laches. The petitioners did not challenge the acquisition at the relevant time and allowed the road to be constructed and used. The court found no merit in the petition and dismissed it, also disposing of the civil application.
Headnote
A) Land Acquisition - Delay and Laches - Challenge to Acquisition After 15 Years - Petitioners challenged acquisition of their land for a development plan road under Section 126(4) of the Maharashtra Regional and Town Planning Act, 1966 read with Section 6 of the Land Acquisition Act, 1894, after the award was passed in 1994 and possession taken in 1995. The court held that the petition suffers from gross delay and laches, and the petitioners are estopped from challenging the acquisition after the road has been constructed and is in use. (Paras 1-10) B) Land Acquisition - Possession - Taking of Possession - The court noted that possession of the land was taken on 27.04.1995 and the road was constructed and is being used by the public. The petitioners' claim that they are still in possession was not supported by any material. (Paras 5-6) C) Land Acquisition - Section 126(4) MRTP Act - Compliance - The court observed that the notification under Section 126(4) of the MRTP Act read with Section 6 of the Land Acquisition Act was issued on 19.12.1991 and the award was passed on 29.12.1994. The petitioners did not challenge the acquisition at the relevant time and the proceedings were not shown to be invalid. (Paras 2-4)
Issue of Consideration
Whether the writ petition challenging the acquisition of land for a development plan road is maintainable after a delay of 15 years from the passing of the award and after possession has been taken and the road constructed.
Final Decision
The writ petition is dismissed. The civil application also stands disposed of.
Law Points
- Land Acquisition
- Delay and Laches
- Section 126(4) MRTP Act
- Section 6 Land Acquisition Act
- Section 11 Land Acquisition Act
- Possession
- Estoppel
