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Showing contexts for: mrtp in Girish Vyas And Anr vs State Of Maharashtra And Ors on 12 October, 2011Matching Fragments
89. The appellants relied upon the judgment of this Court in Special Land Acquisition Bombay Vs. M/s Godrej & Boyce reported in AIR 1987 SC 2421, in support of their contention, that the purpose for acquisition must continue until possession is taken. In that matter this Court held that the title to the land vests in the Government only when the possession is taken. It is however, material to note that this judgment is concerning Section 16 of the L.A. Act. As far as this submission is concerned, as held by K. Ramaswamy J., in I.D.A Co's case (supra), one must note that the scheme of MRTP Act is different from that under the L.A. Act. In para 11 and 12 of his judgment in I.D.I Co's. case (supra) he has specifically held that Section 126 (1) of the MRTP Act is a substitute for the notification under Section 4 of the L.A. Act. A declaration under Section 126 (2) is equivalent to a declaration under Section 6 of the L.A. Act. The objections of the persons concerned are considered before such land gets earmarked for public purpose in the plan. Therefore, there is no need of any enquiry as under Section 5A of the L.A. Act. Section 126 (1) (c) specifically states that when an application is made to the State Government for acquiring the land under the L.A. Act, the land vests absolutely with the Planning Authority. Therefore, it was held that in the scheme of the MRTP Act, it is not necessary that the original public purpose should continue to exist till the award was made and possession taken.
94. (i) When it comes to urgency also, there is a separate provision in the MRTP Act, distinct from the one in the L.A. Act. Section 129 of the MRTP Act contains provisions different from Section 17 of the L.A. Act. Under sub-Section (2) of Section 129 there is the requirement of paying to the owner of the land concerned, an interest @ 4% per annum on the amount of compensation, from the date of taking possession of the land until the date of payment.
(ii) Thus the MRTP Act contains a separate scheme in Chapter VII of the Act distinct from the one in L.A. Act. This is because MRTP Act is a special act enacted for the purpose of planned development and the provisions concerning land acquisition are made therein in that context.
95. We may mention at this stage that recently a Constitution Bench of this Court has also held in the context of Section 11A of the L.A. Act (providing for two years period to make the award) in Girnar Traders (3) Vs. State of Maharashtra & Ors. reported in 2011 (3) SCC 1, that only the provisions with respect to the acquisition of land, payment of compensation and recourse of legal remedies under the L.A. Act can be read into Chapter VII of the MRTP Act concerning Land Acquisition, and Section 11A of the L.A. Act will not apply thereto. It held that in the scheme of the MRTP Act, the provisions of Land Acquisition Act would apply only until the making of the award under Section 11 of the Act. The Court held that MRTP Act is a self contained code and Sections 126 to 129 thereof clearly enunciate the intention of the framers that substantive provisions of L.A. Act are not applicable to MRTP Act. In para 129 of the judgment the Constitution Bench has specifically held:-
(k) The initial stand of the administration was clearly reflected in the notings, and in the record of the meeting held on 3.2.1996. The preliminary note dated 2.2.1996 from the department clearly stated that the land had been acquired after taking the necessary action on the purchase notice, and the compensation had been accepted. The question of returning of the plot to the landowner therefore did not arise.
(l) During the meeting held on 3.2.1996 the City Engineer of PMC also pointed out that landowner had never objected to the reservation on the plot, or the change in the purpose of its utilization from 1982 to 1987, i.e. during the entire process of revising the development plan. If the proceeding before the Minister of State was in the nature of an appeal under Section 47 of the MRTP Act (against the rejection of the proposal of development) under Section 45, the same could not be entertained, and the appeal had to be rejected. If it was an application for de-reservation then it had to be considered under Section 37 of the MRTP Act and not otherwise.