Juhu Land Acquisition Row: Bombay HC Directs BMC To Decide Amitabh Bachchan's Representation, No Coercive Action Till Then

This is the same plot on which their bungalow Prateeksha stands.

A division bench of Justices RD Dhanuka and SM Modak directed the Municipal Commissioner to decide a February 17, 2022 representation made by the family within six weeks. If required by the petitioners or the commissioner, a personal hearing may be given, the bench said.

The court gave the couple two weeks from today in case they wanted to make an additional representation, the commissioner's decision would be six weeks thereafter.

The Bachchans were granted an additional three weeks after the commissioner's decision to take action accordingly.

Lastly, the court disposed of the petition and ordered that no coercive action be taken against the Bachchans in this case till then.

The Bachchans were challenging two notices both dated 20th April, 2017, issued under Section 299 of the Mumbai Municipal Corporation Act, 1888.

According to the plea, the Notices stated that certain portions of the said plots (which are allegedly not occupied by buildings) lie within the regular line of street as prescribed by Municipal Commissioner. And further stated that on the expiry of a period of 7 (seven) days from the date of the Impugned Notices, the Deputy Municipal Commissioner intends to take possession of such land along with the wall and structures thereon.

The Bachchans had contended that the notices fall under a section that is inconsistent with safeguards under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and therefore void.

"The Section 297 to 301 of the Mumbai Municipal Corporation Act, 1888, have become nugatory, inoperative, unenforceable and void, as being in conflict with and inconsistent with and repugnant to the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, being the central legislation in operation and occupying the field," the plea read.

During the hearing the petitioners sought for their representations to be decided and no coercive action to be taken till then.

Senior Advocate Anil Sakhare along with advocate Rohan Mirpury appeared for the BMC and said the Municipal Commissioner would consider the representations.

The petition was accordingly disposed of.

Case Title: Amitabh Bachchan & Anr. V/s. The Municipal Corporation of Gr.Mumbai & Ors.

Citation: 2022 LiveLaw (Bom) 49