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The Nagpur Bench of the Bombay High Court has rejected a petition by Shree Ganesh Builders challenging the reservation and acquisition of about 12.12 hectares of land earmarked for a sewage treatment plant. The ruling removes a major legal hurdle for the Nagpur Municipal Corporation’s proposed Pohra River Pollution Abatement Project. The court held that the builder’s purchase notice was defective because of discrepancies in the ownership details and noted that the developer had subsequently participated in acquisition and compensation proceedings. The decision allows the civic body to proceed with the long-pending sewage infrastructure project.
The dispute concerns land at Mouza Chikhli (Khurd) that has been reserved for a drainage and sewerage disposal scheme under Nagpur’s development planning framework. The reservation covers approximately 12.12 hectares and is intended to accommodate the proposed sewage treatment plant and associated infrastructure.
Shree Ganesh Builders had challenged the reservation, arguing that it had lapsed under Section 127 of the Maharashtra Regional and Town Planning Act, 1966. The developer had issued a purchase notice in 2014, contending that the authorities had not taken the required steps to acquire the reserved land within the prescribed period.
The High Court, however, found that the purchase notice contained significant discrepancies concerning ownership. The land covered three Khasra numbers, but the accompanying 7/12 records reflected different ownership entities. The court held that the defect was not subsequently rectified and that the developer did not challenge the rejection of its notice for several years.
The bench also considered the developer's conduct during the acquisition process. While maintaining that the reservation had lapsed, the company participated in proceedings relating to acquisition and compensation, submitted its valuation claim and later sought enhanced compensation. The court held that the petitioner could not take contradictory positions by challenging the acquisition while simultaneously participating in the process.
The ruling is significant for the Nagpur Municipal Corporation, as the disputed land is required for the Pohra River Pollution Abatement Project. The proposed sewage treatment plant is intended to strengthen the city's wastewater management capacity and address the increasing sewage load associated with Nagpur's expanding population.
The civic body has already deposited INR 11.77 crore as compensation with the land acquisition authorities and issued work orders for the project. With the High Court rejecting the builder's challenge, the acquisition process can move forward, subject to the limited interim protection granted by the court.
The court has continued the existing status quo for four weeks at the request of the petitioner, providing a limited window for pursuing a possible appeal. Unless further legal protection is obtained, the interim arrangement will cease after this period.
The judgment is likely to have implications beyond the individual land dispute, particularly for reserved public infrastructure land in expanding urban areas. It reinforces the importance of complying with statutory requirements while also highlighting the difficulties that can arise when landowners or developers challenge reservations after participating in acquisition and compensation proceedings.
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