Case Note & Summary
The petitioner, Babasaheb Haji Abdul Mullani, owned land bearing Regular Survey No. 52/1 to 9, admeasuring 13,000 sq. ft., situated at Bapat Camp, Kolhapur. In 1978, the Kolhapur Municipal Corporation acquired this land for the construction of an approach road to a slaughterhouse. In 1983, the Standing Committee of the Corporation passed a resolution to allot alternate plots no. 74 and 75, each admeasuring 3150 sq. ft., situated at Regular Survey No. 87C, to the petitioner in lieu of the acquired land. Despite the resolution, the Corporation did not allot the alternate land to the petitioner. The petitioner made several representations to the Corporation, but no action was taken. On 9 January 2013, the Estate Officer informed the petitioner that compensation of Rs.44,137.54 had been paid to his father, but the petitioner disputed this, stating that the chart annexed was silent about the mode of payment and bore no signature of the petitioner or his family members. The petitioner filed a writ petition seeking a direction to the Corporation to allot the alternate plots as per the resolution. The Court considered the submissions of both parties. The petitioner argued that the resolution of the Standing Committee was binding and ought to have been implemented. The Corporation contended that the petitioner had been paid compensation and that the resolution was not acted upon due to some reasons. The Court held that the resolution of the Standing Committee, being a decision of the Corporation, is binding and must be implemented. The Court directed the Corporation to hand over possession of plots no. 74 and 75 to the petitioner within six months from the date of the order. The Court also noted that the Corporation had not taken any steps to implement the resolution for nearly 40 years, which was unjustified. The writ petition was allowed with no order as to costs.
Headnote
A) Municipal Law - Alternate Land Allotment - Implementation of Standing Committee Resolution - Land Acquisition - The petitioner's land was acquired by the Corporation in 1978 for construction of an approach road to a slaughterhouse. In 1983, the Standing Committee resolved to allot alternate plots no. 74 and 75 to the petitioner. The Corporation failed to implement the resolution for decades. The Court held that the resolution is binding on the Corporation and must be implemented, directing the Corporation to hand over possession of the alternate plots within six months. (Paras 3-8)
Issue of Consideration
Whether the petitioner is entitled to allotment of alternate land in lieu of his land acquired by the Corporation, and whether the Corporation is bound to implement the resolution of its Standing Committee passed in 1983.
Final Decision
The Court allowed the writ petition and directed the Kolhapur Municipal Corporation to hand over possession of plots no. 74 and 75 to the petitioner within six months from the date of the order. No order as to costs.
Law Points
- Alternate land allotment
- Acquisition of land
- Standing Committee resolution
- Implementation of resolution
- Municipal Corporation duties
