VidhiSangh

Supreme Court of India · 07/08/2020

HARI KRISHNA MANDIR TRUST versus STATE OF MAHARASHTRA AND OTHERS

[2020] 13 S.C.R. 318 · 2020 INSC 482

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Summary

A private road never acquired or purchased by the Pune Municipal Corporation did not vest in it merely because the town-planning records wrongly named it as owner. The final arbitral award and admitted records required correction, which was not a substantial alteration converting a public road into private property. The High Court judgment was set aside. Authorities were directed to delete the Corporation’s name and make consequential changes after the Trust undertook to preserve adjacent owners’ access.

Issues

  1. Whether erroneous town-planning entries caused a private road to vest in the Corporation.
  2. Whether correction of those entries was an impermissible substantial variation.
  3. What relief was available to enforce the owners’ rights.

Provisions considered

Held

Result

Appeal allowed and High Court judgment set aside. Correction of ownership records and consequential alterations directed, subject to the Trust’s undertaking preserving adjacent owners’ access and the specified timelines.

Judgment PDF: Supreme Court of India, [2020] 13 S.C.R. 318.