Case Note & Summary
The petitioner, Maharashtra State P.W.D. Employees Cooperative Housing Society Ltd., is the owner of land bearing Survey Nos. 38 and 39 in Pune. The second respondent purchased adjoining property (City Survey No. 149) which is landlocked. The Pune Municipal Corporation passed a resolution on 23rd December 2014 approving a proposal to develop a 6-meter wide public road through the petitioner's land under Section 205 of the Maharashtra Municipal Corporation Act, 1949, but expressly stated that no consideration such as TDR, FSI, or cash would be paid. The petitioner challenged this resolution under Article 226 of the Constitution, arguing that the Corporation cannot take over private property without compensation and must follow the acquisition procedure under Section 209 read with Sections 77 and 78 of the Act. The court analyzed the provisions and held that Section 205 only empowers the Corporation to lay out public streets on its own land or land acquired for that purpose, not to take over private land without compensation. The resolution was found to be per se illegal as it sought to deprive the petitioner of property without any payment, violating Article 300A of the Constitution. The court quashed the resolution and directed the Corporation to follow the proper acquisition process if it wishes to use the petitioner's land for a public road.
Headnote
A) Municipal Law - Public Street - Section 205 Maharashtra Municipal Corporation Act, 1949 - Power to lay out public streets - The Corporation cannot use Section 205 to take over private land without compensation; it must resort to acquisition under Section 209 read with Sections 77 and 78 of the Act. Held that the impugned resolution directing development of a road through the petitioner's land without payment of compensation is illegal and unsustainable (Paras 5-7). B) Constitutional Law - Right to Property - Article 300A of the Constitution of India - Deprivation of property without compensation - The resolution to take over private land without any consideration violates Article 300A as it deprives the petitioner of property without authority of law. Held that the Corporation must pay compensation for any land taken for public purpose (Paras 5-7).
Issue of Consideration
Whether the Pune Municipal Corporation can, under Section 205 of the Maharashtra Municipal Corporation Act, 1949, take over a portion of private land for a public road without paying compensation, or whether it must follow the acquisition procedure under Section 209 of the said Act.
Final Decision
The court allowed the petition, quashed the impugned resolution dated 23rd December 2014, and directed that if the Corporation wishes to use the petitioner's land for a public road, it must follow the acquisition procedure under Section 209 read with Sections 77 and 78 of the Maharashtra Municipal Corporation Act, 1949, and pay compensation.
Law Points
- Section 205 of the Maharashtra Municipal Corporation Act
- 1949 does not authorize the Corporation to take over private property without compensation
- Section 209 read with Sections 77 and 78 provides for acquisition with compensation
- Article 300A of the Constitution protects against deprivation of property without authority of law
