Supreme Court Quashes Land Release Order: Pimpri Chinchwad Township Land Dispute Resolved

The Supreme Court of India, in its judgment dated August 3, 2018, ruled in favor of the Pimpri Chinchwad New Township Development Authority (PCNTDA) by quashing an order passed by the Revenue Minister of Maharashtra regarding the release of acquired land. The case, Pimpri Chinchwad New Township Development Authority vs. Vishnudev Cooperative Housing Society & Ors., revolved around a long-standing land acquisition dispute dating back to 1970. The Supreme Court held that the Revenue Minister had no authority to release the land in question under Section 48 of the Land Acquisition Act, 1894, as possession had already been taken by the state.

The ruling reinforces the principle that once land is acquired and possession is taken, the state cannot withdraw from the acquisition. The Supreme Court’s decision upholds the sanctity of land acquisition proceedings and prevents misuse of political influence in land matters.

Background of the Case

The case pertained to a land acquisition process initiated in 1970 in Wakad, Pune, where approximately 40 hectares of land were acquired by the Maharashtra government for industrial, commercial, and residential development under the Pimpri Chinchwad New Township Development Authority (PCNTDA). The Special Land Acquisition Officer (SLAO) completed the compensation process in 1986, but the landowners disputed the acquisition.

Multiple rounds of litigation ensued, with the landowners attempting to reclaim parts of the acquired land. In 1992, the Maharashtra government released approximately 30 hectares but retained 10 hectares for public purposes. Subsequently, the land was transferred to a cooperative housing society, Vishnudev Cooperative Housing Society (VCHS), which continued to demand the release of the remaining land.

Petitioner’s Arguments

PCNTDA, represented by its counsel, contended that:

• The Revenue Minister had no authority to order the release of land once possession had been taken by the state.
• The release order was issued during the enforcement of the Model Code of Conduct for Maharashtra’s 2004 assembly elections, making it legally untenable.
• The order was merely a file noting and was never officially communicated to the landowners, rendering it legally ineffective.
• The cooperative society had already benefited from the 1992 partial release of land and had no further entitlement.

Respondent’s Arguments

Vishnudev Cooperative Housing Society (VCHS) argued that:

• The 2004 order by the Revenue Minister was valid and should have been implemented by the state.
• The state failed to issue the necessary notification to give effect to the order, causing unnecessary delay.
• Since the state had previously released a portion of the acquired land, the remaining land should also be returned to the cooperative society.

Supreme Court’s Observations

After reviewing the case, the Supreme Court found multiple legal flaws in the Revenue Minister’s order and the subsequent claims made by VCHS. The Court held:

“Once the possession of the acquired land has been taken by the state, it vests absolutely in the government, and the provisions of Section 48 of the Act cease to apply.”

The Court further noted that the order passed by the Revenue Minister was neither officially communicated nor published in the government gazette:

“A mere file noting or an internal government decision does not create a legal right unless it is communicated and acted upon.”

On the issue of election influence, the Supreme Court remarked:

“The order was passed at a time when the Model Code of Conduct was in force, making it legally questionable.”

The Court also emphasized that repeated litigation by VCHS amounted to an abuse of judicial process:

“Once a matter has been litigated up to this Court, it cannot be re-agitated through fresh applications and petitions.”

Final Verdict

The Supreme Court ruled:

• The order of the Revenue Minister dated June 10, 2004, was quashed.
• The High Court’s direction to implement the order was set aside.
• The writ petition filed by VCHS was dismissed.
• VCHS was ordered to pay Rs. 25,000 in costs to PCNTDA.

Conclusion

The ruling in Pimpri Chinchwad New Township Development Authority vs. Vishnudev Cooperative Housing Society & Ors. reinforces the importance of maintaining the integrity of land acquisition processes. The judgment clarifies that once land is acquired and possession is taken, the state cannot arbitrarily withdraw from the acquisition. This decision sets a precedent against politically influenced land release orders and ensures that public development projects remain unaffected by undue private interests.

Petitioner Name: Pimpri Chinchwad New Township Development Authority.
Respondent Name: Vishnudev Cooperative Housing Society & Ors..
Judgment By: Justice Abhay Manohar Sapre, Justice Uday Umesh Lalit.
Place Of Incident: Pimpri Chinchwad, Pune, Maharashtra, India.
Judgment Date: 03-08-2018.

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