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Supreme Court of India · 02/09/2022

DR. ABRAHAM PATANI OF MUMBAI & ANR versus THE STATE OF MAHARASHTRA & ORS.

[2022] 19 S.C.R. 1045 · 2022 INSC 904

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Summary

The Mumbai Municipal Corporation resolved to acquire part of the appellants' land for a link road between Mahakali Caves and Central MIDC, acting under Sections 91, 291(a) and 296 of the Mumbai Municipal Corporation Act. The road had been deleted from the Development Plan in 1992. The appellants argued that only a Section 37 MRTP Act modification of the plan could authorise it, and that Section 91 was breached because the Chief Engineer's office, not the Commissioner, applied and the State gave no order. The Supreme Court dismissed the appeal. The two Acts operate side by side, and the Corporation could use the MMC Act route where the plan was not defeated. Section 91 was substantially complied with, and the road serves the public interest without touching the appellants' buildings.

Issues

  1. Whether a Municipal Corporation may acquire land for a new public street under the Mumbai Municipal Corporation Act when the road is not in the Development Plan, or must first modify the plan under Section 37 of the MRTP Act, 1966
  2. Whether Section 91 of the MMC Act was breached because the acquisition application was sent by the Chief Engineer's office rather than the Commissioner and there was no formal State Government order
  3. Whether the landowners had an adequate opportunity to object, and whether the public need for the road outweighs their private interest

Provisions considered

Held

Result

Appeal dismissed; the Corporation's resolutions, the Land Acquisition Act notifications and the award of 26.11.2007 were upheld; the respondents' plea on the appellants' bona fides was left undecided as moot.

Judgment PDF: Supreme Court of India, [2022] 19 S.C.R. 1045.