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Land acquisitionon, appeal of Pimpri Chinchwad New Township Development Authority allowed by Supreme Court and reversed High Court of Bombay Judgment.

August 4, 2018



Land Acquisition appeal, Pimpri Chinchwad allowed

A Bench of Supreme Court Judges, Justice Abhay Manohar Sapre and Justice Uday Umesh Lalit allowed the Civil Appeal challenging the order of Division Bench of High Court of Bombay in Pimpri Chinchwad New Township Development Authority V. Vishnudev Cooperative Housing Society & Ors., Civil Appeal No. 7649 of 2018. While allowing the appeal the court said that "we are of the considered view that the High Court failed to examine the issues arising in the case in its correct perspective. We cannot, therefore, concur with the reasoning and the conclusion arrived at by the High Court which wrongly upheld the order dated 10.06.2004 passed by the concerned Revenue Minister."

The facts of the case are:

Survey No. (Gat. No.210 - measuring around 39 H 26 R and Survey No. 211 measuring around 1 H 23 R-Total land 40 H 49 R) situated at Mauje Wakad, Tehsil Mulshi, District Pune (Maharashtra) was originally owned by the members of one "Deo" family.

On 12.03.1970, the State Government acquired this land by issuing a notification under Section 4 of the Act. It was followed by publication of declaration under Section 6 of the Act. The acquisition was for a public purpose, namely, "planned development and utilization of lands in Pimpri Chinchwad Township Area for industrial, commercial and residential purposes". The development project for which the land was acquired was to be executed through Pimpri Chinchwad New Township Development Authority.

The Special Land Acquisition Officer then initiated the proceedings under Section 11 of the Act for determination of the compensation payable to the landowners and accordingly passed an award dated 23.09.1986. The SLAO then issued notices to the landowners as required under Section 12 (2) of the Act. Since the landowners did not accept the compensation, the entire amount of compensation was deposited by the SLAO in Revenue Deposit Account of Treasury.

The members of "Deo family" (landowners) felt aggrieved by the award dated 23.09.1986 and filed writ petition being W.P. No. 3719/1987 in the High Court at Bombay. This writ petition was dismissed by the High Court by order dated 18.07.1989. The writ petitioners felt aggrieved by the dismissal of their writ petition filed review petition (R.P. No. 3751/1989) before the High Court, which was also dismissed as withdrawn on 08.09.1989. Aggrieved by the dismissal of the writ petition and the review petition, the landowners filed SLP (c) No.12889/1989 in the Supreme Court. It was also dismissed as withdrawn on 27.11.1989.

In the meantime, on 19.09.1989, the members of "Deo Family" filed an application under Section 48(1) of the Act to the Revenue Minister of the State of Maharashtra and prayed therein for release of their acquired land. During pendency of this application, the landowners filed writ petition (No.36/1990) in the High Court and prayed therein for a direction to the State for deciding their application. By order dated 12.01.1990, the High Court disposed of the writ petition and directed the State to decide the landowners' application in accordance with law.


By order dated 07.07.1992, the State Government partly allowed the landowners' application and while releasing the land measuring 29 H 98 R retained the remaining land measuring10 H 51 R for execution of the development project for which the entire land had been acquired.

It appears from the record of the proceedings that after the dismissal of the review petition, the landowners (members of "Deo family") transferred the acquired land in question to the members of one Co-operative Housing Society called, "Vishnudev Cooperative Housing Society" - respondent No.1 herein on or about 25.10.1993.

Respondent No.1 (VCHS) claiming to be the owner of the land in question felt aggrieved and filed writ petition (1116/1993) questioning therein the legality of the order of the State dated 07.07.1992 to the extent it declined to release the remaining land measuring 10 H 51 R. The High Court, by order dated 23.03.1993, dismissed the writ petition and upheld the order of the State. Respondent No.1 (VCHS) carried the matter in this Court by filing SLP (C) No.10056/1993. By order dated 26.11.1993, this Court dismissed the SLP. The Divisional Commissioner then passed a final order dated 20.08.1994 under Section 48 (1) of the Act directing therein for deletion of 29 H 98 R from Survey No. 210 and retaining of 10 H 33 R as acquired land for completion of development project. This is how, out of total acquired land, the land measuring 29 H 98 R was released in favour of landowners from the acquisition proceedings and the land measuring 10 H 33 R was retained to enable the State to execute the development project on the said land through the agency of the appellant.

Notwithstanding the termination of two rounds of litigation up to this Court, the landowners - VCHS again started third round and filed fresh writ petition (3200/1994) in the High Court and this time prayed therein for deletion of 10 H 55 R from Survey No. 210/1. By order dated 07.09.1994, the High Court dismissed the writ petition. Again the said order, the VCHS filed SLP (C) No.22907/1994 in this Court and the same was dismissed by order dated 10.02.1995.


Read the Judgment of Supreme Court of India in Pimpri Chinchwad New Township Development Authority V. Vishnudev Cooperative Housing Society & Ors., Civil Appeal No. 7649 of 2018 dated 3.8.2018



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