Land Acquisition Dispute and the Application of the Accommodation Reservation Policy

The case involves Maneesh Bawa and others (the appellants) who are aggrieved by the notification dated 04.03.1987 issued under Sub-Section 4 of Section 126 of the Maharashtra Regional and Town Planning (MRTP) Act, which was not quashed by the lower court. The appellants challenged the notification, arguing that it should not stand as the acquisition was set to proceed under the MRTP Act in conjunction with Section 6 of the Land Acquisition Act, 1894.

The respondents, represented by the Special Land Acquisition Officer (7), Bombay, responded by stating that the acquisition process could continue despite the appellants’ objections. The case revolves around the legal aspects of land acquisition, the application of the MRTP Act, and the impact of the notification on the disputed land.

When the case reached the Supreme Court, the appellants sought to quash the notification and prevent the ongoing acquisition. During the proceedings, the appellants expressed a willingness to compromise, offering to surrender 70% of the disputed land while retaining 30%. This proposal was considered by the court, and the parties were asked to maintain the status quo concerning the disputed property until further instructions could be obtained.

In response, the respondent’s counsel informed the court about the ‘Accommodation Reservation Policy’ dated 02.05.2016, which offered a solution for the dispute. The appellants were directed to apply according to this policy, and the competent authority was instructed to make decisions in accordance with the law and the terms of the policy. The orders regarding the policy were to be passed within two months of the application being submitted.

The Supreme Court clarified that the High Court’s earlier decision would not obstruct the competent authority from passing orders according to the new policy. The appeal was disposed of without any costs awarded.

In conclusion, the judgment provides a pathway for resolving the land acquisition dispute by applying the new Accommodation Reservation Policy. The appellants’ offer to surrender part of the land was taken into account, and the competent authority was empowered to make the final decision on the matter within a specified timeframe. This decision marks an important development in resolving land acquisition disputes in accordance with updated policies and legal frameworks.

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