VidhiSangh

Supreme Court of India · 28/04/2022

MAHANAGAR TELEPHONE NIGAM LTD. (EAST-I) versus THE ASSISTANT COMMISSIONER BIHANMUMBAI MAHANAGARPALIKA AND ORS.

[2022] 16 S.C.R. 1045 · 2022 INSC 488

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Summary

MTNL challenged municipal notices taking additional open setback land for a road junction, invoking the statutory requirement of government sanction and objecting to the street line and unpaid compensation for an earlier surrender. The Court upheld the notices: MTNL owned the land as an incorporated company and was not a corporation constituted by statute. It dismissed the appeal but directed timely processing and payment of compensation lawfully due for the earlier surrender on a timely application.

Issues

  1. Whether prior government sanction was required to take MTNL’s land under Section 299.
  2. Whether the street-line, structural and compensation objections invalidated the notices.

Provisions considered

Held

Result

Appeal dismissed and dismissal of the writ petition confirmed, without costs. If compensation for the earlier 387.5-square-metre surrender remained unpaid and no application had been made, MTNL could apply within one month; the application was to be processed according to law and compensation made available within four months of filing.

Judgment PDF: Supreme Court of India, [2022] 16 S.C.R. 1045.