Litigant Whose Land Was Illegally Occupied By State 60 Yrs Ago Gets Relief From Supreme Court

Pursuant to the intervention of the Supreme Court, a litigant whose land was illegally occupied by Maharashtra authorities 60 years ago got relief today in the form of alternate land.

The matter was before a bench of Justices BR Gavai and KV Viswanathan, which directed the state authorities to deliver peaceful and vacant possession of the alternate land (agreed to be accepted by the aggrieved applicant) as compensation.

To recapitulate facts of the case, an interlocutory application was filed by the litigant, claiming that his predecessors-in-interest purchased a 24-acre land in Pune in 1950s. When the state government occupied that land, they instituted a suit and won all the way upto the Supreme Court. Subsequently, the decree was sought to be executed, but the state made a statement that the land had been given to a Defence Institute. The Defence Institute, on its part, claimed that it was not a party to the dispute and therefore could not be evicted.

Thereafter, the applicant moved the Bombay High Court, praying that he be allotted alternate land. The High Court issued strictures against the state for not allotting alternate land for 10 years. As such, in 2004, an alternate land was finally allotted. But eventually, the Central Empowered Committee informed the applicant that the said land was part of a notified forest area.

Raising grievance before the Supreme Court, the applicant urged that three rounds of litigation were fought over 50 years, yet when ultimately alternate land was allotted, the same turned out to be forest land.

On earlier occasions, the top Court sharply rebuked the State of Maharashtra for not coming up with a reasonable compensation while also issuing a stern warning that it would order the stoppage of schemes like "ladli behna" and direct the demolition of the structures built on the illegally acquired land.

On August 28, the Court considered the Maharashtra government's stance that it had 14 hectares of land, out of which 24 acres, 38 guntha could be allotted to the applicant. It was left to the applicant to decide whether he was interested in alternate land or compensation amount.

Today, the applicant agreed to accept the alternate land offered by Maharashtra authorities, subject to an undertaking by the latter, which was recorded in the order. This undertaking was filed during the day on behalf of the state authorities.

The Court accepted the undertaking and additionally directed:

(i) The Collector, Pune shall personally ensure that 24 acres, 38 gunthas of land is measured and demarcated;

(ii) After the demarcation, peaceful and vacant possession of the said land is handed over to the applicant; and

(iii) If there are any encroachments on the alternate land, the same shall be removed prior to the land being handed over to applicant.

Insofar as modification to be issued under Section 37 of Maharashtra Regional and Town Planning Act, 1966 for changing user of the land from public/semi-public to residential, the Court fixed a time limit of 3 months.

Case Title: IN RE : T.N. GODAVARMAN THIRUMULPAD Versus UNION OF INDIA AND ORS., W.P.(C) No. 202/1995 

Click Here To Read/Download Order