Case Note & Summary
The petitioners, residents of Pune, moved this public interest petition under Article 226 of the Constitution, challenging orders that allegedly illegally released reserved land for Pune Telephones to cooperative housing societies. The land comprised Final Plot Nos. 477 and 477A in Parvati, Pune, totaling about 3 acres and 3 gunthas (14,000 sq. meters), which was entirely reserved for the Central Offices of Pune Telephones in the sanctioned Revised Development Plan of Pune city. The petitioners contended that two acres (8,000 sq. meters) were illegally released to cooperative housing societies while only 6,000 sq. meters were given to Pune Telephones. The land in Final Plot No. 477A, admeasuring 12,000 sq. meters, was owned by respondent Nos. 12 to 14 and had been declared surplus under the Urban Land (Ceiling and Regulation) Act, 1976 (ULC Act). The competent authority had rejected applications for exemption under Section 20 and permission under Section 21, and by an order dated 12.8.1988 under Section 10(1) of the ULC Act, 10,000 sq. meters were declared surplus. Earlier, a notification under Section 4(1) of the Land Acquisition Act, 1894 was issued on 19.2.1982 for acquisition of the entire land, but it was challenged by civil suit and stayed. The State Government initially agreed to delete the reservation but later withdrew, and the Development Plan confirming the reservation was sanctioned on 5.1.1987. A prior writ petition (No. 2066 of 1987) challenging the plan was disposed of as withdrawn on 7.8.1987, leading to an order by the Minister for Urban Development on 24.6.1988, which directed accommodation of both the Pune Telephones' minimum requirements and the housing societies' needs. Subsequently, impugned orders dated 6.2.1991 (compromise order), 24.4.1991 (by the Minister), 20.12.1994 (by Additional Collector), and 15.6.1995 (by Special Land Acquisition Officer) were passed. A Land Acquisition Award dated 8.11.1995 directed compensation to respondent Nos. 7, 8, 9, 12 to 14, and 15A, which the petitioners claimed was illegal as those respondents had no legal title. The judgment text provided does not include the court's analysis or final decision, and the available text ends abruptly during narration of facts.
Issue of Consideration
WRIT PETITION NO.4899 OF 1995
Case Details
2005 LawText (BOM) (04) 6
Writ Petition No.4899 of 1995
B.H. Marlapalle, D.B. Bhosale
Mrs Kiran Bhagalia, Ms Asha Bhombwani, Mr P.M.Patil, Mrs V.S.Dighe, Mr Y.S.Jahagirdar, Shri V.G.Mujumdar, Mr S.G.Anney, Mr S.V.Pitre, Mr A.Y.Sakhare, Shri Sarang Arandhye, Mr M.S.Khadilkar, Mr G.S.Godbole
Subhash Vithal Khaire, Madan Madhav Gagawale, Mukund Ramakant Pandit, Rajendra Vishnu Jagtap, Mohan Sopanrao Gaikwad
The State of Government of Maharashtra, Minister of Urban Development, Mantralaya, Bombay, Sushilkumar Shinde, Minister, Housing and Special Assistance, Mantralaya, Bombay, Competent Authority under Urban Land Ceiling & Regulation Act, 1976, Special Land Acquisition Officer No.14, Pune, Prakash Auti, M/s A.V.Bhat & Co., M/s Auti Brothers, M/s Hindustan Builders, Pune Telephone, Indumati Sopanrao Landge, Shirish Sopanrao Landge, Girish Sopanrao Landge, C.T.Chopda, Kalpanamati Griha Rachana Sanstha Maryadit, Union of India
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Nature of Litigation
Public interest petition under Article 226 of the Constitution challenging orders that released reserved land for Pune Telephones and paid compensation to private respondents.
Remedy Sought
Petitioners sought to quash the order dated 6.2.1991, order dated 24.4.1991 by the Minister for Urban Development, order dated 20.12.1994 by Additional Collector, and order dated 15.6.1995 by Special Land Acquisition Officer; and sought recovery of compensation from private respondents.
Filing Reason
Alleged illegal release of land reserved for Pune Telephones to cooperative housing societies and wrongful payment of compensation to parties without legal title.
Previous Decisions
Earlier, the Minister for Urban Development passed an order on 24.6.1988 directing accommodation of both Pune Telephones and housing societies. Also, Writ Petition No.2066 of 1987 was disposed as withdrawn on 7.8.1987, leading to the 24.6.1988 order.
Judgment Excerpts
the land in Final Plot nos. 477 and 477A ... was illegally released to the extent of two acres ... and the remaining land was handed over to the Co-operative Housing Societies who had no title legally enforceable as the owners
the compensation amount ... was directed to be or in fact paid by the Land Acquisition Officer to respondent nos.7,8.9, 12 to 14 and 15A and this amount is required to be recovered from the said respondents as they had no title to claim the said land either as owners, tenants or the persons interested
Procedural History
In 1976, declarations under section 6 of ULC Act filed. In 1979, application for exemption under section 20 rejected. In 1981, land in Final Plot 477 purchased by Ramyanagari Cooperative Housing Society. On 19.2.1982, notification under section 4(1) of Land Acquisition Act issued; civil suit filed and stay granted. On 28.12.1984, government agreed to delete reservation but withdrew on 11.8.1986. On 5.1.1987, Revised Development Plan approved confirming reservation. On 7.8.1987, earlier Writ Petition No.2066/1987 disposed as withdrawn. On 24.6.1988, Minister for Urban Development passed order. On 12.8.1988, competent authority passed order under section 10(1) of ULC Act declaring 10000 sq.m. surplus. On 6.2.1991, compromise order stated to be in terms of minutes. On 24.4.1991, Minister for Urban Development passed impugned order. On 20.12.1994, Additional Collector passed order. On 15.6.1995, Special Land Acquisition Officer passed order. On 8.11.1995, Land Acquisition Officer passed Award. Present Writ Petition No.4899 of 1995 filed in 1995; heard on 24-25 April 2006.
Acts & Sections
- Urban Land (Ceiling and Regulation) Act, 1976: 6, 6(1), 20, 21, 8(3), 10(1), 33
- Land Acquisition Act, 1894: 4(1)
- Maharashtra Co-operative Societies Act, 1960:
- Constitution of India: Article 226
