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The Bombay High Court recently inquired whether the state government had disbursed INR 3.12 lakh in compensation to a landowner for property acquired by the Brihanmumbai Municipal Corporation (BMC) for road widening in Mulund. The matter stemmed from a petition based on a letter by 96-year-old Laxmi Adhav, who sought enforcement of the court's directives from a judgment issued in September 2005. While BMC claimed compliance, Adhav contended that her land was acquired in three phases-1957, 1968, and 1972. However, the court found no records supporting the 1957 claim. Compensation directives were issued for portions acquired in 1968 and 1972.
The Bombay High Court recently sought clarification from the Maharashtra government on whether it had disbursed INR 3.12 lakh in compensation to a landowner whose land was acquired by the Brihanmumbai Municipal Corporation (BMC) for road widening in Mulund. Advertisement
The judges were presiding over a petition arising from a letter dated February 21, submitted by 96-year-old Laxmi Adhav. She had requested the implementation of the High Court's directions from a judgment delivered in September 2005. Chaitanya Chavan, the advocate representing BMC, stated that the municipal corporation had complied with the court's instructions.
In 1988, Adhav approached the High Court challenging the acquisition of over 314 square metres of her property on G K Gokhale Road, which was designated for widening. She preferred receiving floor space index or transferable development rights instead of monetary compensation. Her claim was that BMC had taken possession of 381 square metres of her 595-square-metre land in three phases-1957, 1968, and 1972. However, BMC maintained that only two acquisitions had occurred-29 square metres in 1968 and 113 square metres in 1972-and offered compensation for a total of 142 square metres. The High Court found no evidence for the 1957 acquisition.
Regarding the 29-square-metre acquisition of 1968, the court directed the municipality to compensate her with INR 435. It further instructed BMC to submit all necessary documents regarding the 113-square-metre acquisition within eight weeks to the collector, who was then required to issue an order within the following 12 weeks. BMC was ordered to make the compensation payment within six weeks of the collector's order.
Chavan stated that BMC had issued a cheque for INR 435 to Adhav on November 19, 2005, which she returned on November 22, 2005. Subsequently, on November 29, 2008, the special land acquisition officer of Mumbai suburbs approved compensation of INR 3.12 lakh for the 113-square-metre acquisition. The civic body then sent a cheque to the special land acquisition officer on March 6, 2009.
While the municipal corporation maintains that it has complied with the directives, the legal proceedings highlight discrepancies regarding the land acquisitions over the years. The court's earlier orders dictated specific timelines for compensation payments, yet questions remain about the final settlement.
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