Case Note & Summary
The matter before the Full Bench of the Bombay High Court arose from three writ petitions filed by landowners whose lands were acquired under the provisions of the Maharashtra Regional and Town Planning Act, 1966. The petitioners contended that the acquisition proceedings had lapsed by operation of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. A Division Bench of the High Court, faced with the common question of law regarding the applicability of the central lapsing provision to acquisitions initiated under the state town planning law, referred the issue to a Full Bench. The Full Bench heard the petitioners, the State of Maharashtra, the Municipal Corporation, and two amicus curiae. The judgment, authored by Justice N.M. Jamdar, traced the historical evolution of land acquisition legislation in India from the Bengal Resolution I of 1824 through the Land Acquisition Act, 1894, and outlined the development of town planning laws in the erstwhile Bombay State from the Bombay Town Planning Act, 1915 to the Maharashtra Regional and Town Planning Act, 1966. The court examined the scheme of the MRTP Act, including its provisions for regional and development plans, town planning schemes, and the acquisition of land under Sections 125 to 127. The judgment noted the interplay between central and state laws and the need to determine whether the new compensation and rehabilitation regime under the 2013 Act could be extended to acquisitions under the MRTP Act. The Full Bench reserved its decision after hearing arguments on 21 September 2017 and pronounced judgment on 13 October 2017. The provided text does not include the court's final determination or the ratio decidendi.
Headnote
A) Land Acquisition — Lapsing of Acquisition — Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 — Applicability to Acquisition Proceedings under Maharashtra Regional and Town Planning Act, 1966 — Full Bench Reference — The Full Bench was called upon to decide whether the lapsing provision under Section 24(2) of the 2013 Central Act applies to land acquisition initiated under Sections 125 to 127 of the State MRTP Act, given the historical interplay between central acquisition laws and state town planning laws. (Paras 1-2)
Issue of Consideration
Whether the provisions of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 as regard lapsing of the acquisition apply to the acquisition proceedings initiated in terms of Section 125 to 127 of the Maharashtra Regional Town Planning Act, 1966?
