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Maneesh Bawa & Ors. v. Special Land Acquisition Officer (7), Bombay & Anr.

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 11577 of 2016)Decided 2 Dec 2016
Civil Appeal No. 11577 of 2016
Justice Kurian Joseph · Justice Rohinton Fali Nariman

Background

The appellants challenged a notification dated 04.03.1987 issued under Section 126(4) of the MRTP Act, under which their land was reserved and the acquisition was to proceed treating it as one under Section 126(4) of the MRTP Act read with Section 6 of the Land Acquisition Act, 1894. While the case was pending, the appellants' senior counsel indicated a willingness to surrender 70% of the land and retain 30%, under a scheme the respondent authority had since introduced.

Decision Breakdown

The Court noted that an "Accommodation Reservation Policy" dated 02.05.2016 was now available, under which the appellants could apply. It directed that the appellants should apply under this Policy/Scheme, and that the competent authority would pass orders in accordance with law and the Policy within two months. The Court clarified that the High Court's impugned order would not stand in the way of the competent authority acting on this basis. The appeal was accordingly disposed of with no order as to costs.

Lesson Learnt

When a government introduces a new policy/scheme that supersedes the basis of an old land-acquisition dispute, courts will often direct parties to resolve the matter under that new scheme rather than relitigate the original acquisition: a practical, policy-driven resolution rather than a decision on the underlying legal validity of the old notification.

Official source (sci.gov.in)View Judgment (PDF)

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