Navsahyadri Co-operative Housing Society, Pune v. State of Maharashtra & Ors.

Mr.A.V.Anturkar i/b Mr.S.B.Deshmukh for the petitioners Mr.V.P.Malvankar, A.G.P. for respondent nos.1 to 4 Mr.R.G.Ketkar for respondent nos.5 and 6 CORAM : J.N.PATEL & S.J.KATHAWALLA, JJ. DATED : 10TH NOVEMBER, 2008 P.C.:

Heard the learned counsel for the parties.

The petitioners have filed this petition seeking directions against the respondents to determine compensation in respect of the land acquired by the respondent Corporation for construction of 100 ft. D.P. Road. 2

It is the case of the petitioners that though the respondent Corporation has already taken over the land and constructed 100 ft. D.P. Road, they have failed to determine the amount of compensation as per the amended Statement of Claim conveyed to the respondent Corporation by their letter dated

28.05.2007.

On the other hand, it is the case of the respondents which has been stated in the affidavit in reply filed by the Special Land Acquisition Officer No.15, Jawahar Nehru Stadium, Tilak Road, Pune that the Municipal Corporation proposed to acquire the lands out of S.No.43(pt) 8c 44(pt) and others of village Hingane Burduk, Karvenagar, Pune for 100 feet D.P. Road and forwarded the land acquisition proposal under letter No.LAQ/551 dated

23.06.1994 to the Collector, Pune with a request to acquire the properties under reference on behalf of Pune Municipal Corporation and that is how the land acquisition case have been entrusted to the Special Land Acquisition Officer (15) Pune by the Collector, Pune.

It has been specified that before issuing the notification under Section 126(4) of the Maharashtra Regional & Town Planning Act, 1966 read with Section 6 of Land Acquisition Act, 1894, the office of the Special Land Acquisition Officer had requested the Assistant Director of Town Planning, Pune to give his remarks according to the sanctioned Development Plan of 3 Pune. The Assistant Director of Town Planning, Pune has communicated his remarks to the office of the S.L.A.O vide letter no.2371 dt. 14.11.2003 in which it has been stated that the alignment of the proposed 100 ft. D.P. Road shown on Joint Measurement Plan is not according to the alignment shown in Development Plan which has been accordingly corrected by him in the copy of the Joint Measurement Plan forwarded to his office.

It is the case of the S.L.A.O. that this fact has been brought to the notice of the Pune Municipal Corporation i.e. the acquiring body by their letter dated 12.10.2004, 09.12.2004 and 17.12.2004 with a request to change the Joint Measurement Plan accordingly, but till today the Pune Municipal Corporation have not given its remarks about its alignment and not supplied the revised Joint Measurement Plan to this office. Therefore, it is the case that the S.L.A.O. that for want of cooperation from the acquiring body i.e. Pune Municipal Corporation, this office has not been able to issue notification under section 126 (4) of Maharashtra Regional & Town Planning Act, 1966 read with section 6 of Land Acquisition Act, 1894.

It is specifically contended that on receipt of the corrected Joint Measurement Plan, the tentative amount of compensation will be communicated to the acquiring body with a request to deposit the 2/3 amount of compensation so that necessary declaration u/s 126(4) can be processed. 4

It is not disputed between the parties that the Pune Municipal Corporation i.e. the acquiring body has paid part of the compensation claimed by the petitioners. In the aforesaid circumstances, we dispose of this petition with a direction to the Respondent Municipal Corporation to submit the Joint Measurement Plan after carrying out necessary correction as required by the office of the Assistant Direction of Town Planning along with 2/3rd amount of compensation to the office of the respondent, S.L.A.O. to enable him to issue the necessary declaration under section 126(4) of the Maharashtra Regional & Town Planning Act, 1966.

We make it clear that if respondent no.2 is not able to conclude the proceedings and declare the award as directed by this court within the stipulated period of 6 months from the date of communication of this order, he shall move this court at least two weeks before the expiry of the period by filing an affidavit , giving the reasons for not complying with the orders of this court. We make it 5 clear that this court would only entertain reasons for extending the time which are beyond the control of the S.L.A.O. We expect that all the parties of the petition will cooperate with the S.L.A.O. to comply with the order. In case any contingency arises, we grant liberty to the parties to move this court by an interim application and seek further orders / directions in the matter. J ) ( J.N. PATEL, J ) ( S.J. KATHAWALLA,