Mumbai: The Bombay high court on Monday sought to know from state govt whether it has paid Rs 3.12 lakh compensation to a landowner for land acquired by the BMC for road widening in Mulund.
Justices Ajay Gadkari and Kamal Khata were hearing a petition converted out of a Feb 21 letter written by 96-year-old Laxmi Adhav seeking implementation of the HC directions in a Sept 12, 2005, judgment. BMC’s advocate, Chaitanya Chavan, said the municipal corporation, on its part, complied with the directions.
In 1988, Adval moved HC against the acquisition of over 314 sq m of her property on G K Gokhale Road, which was to be widened. She wanted floor space index/transferable development rights instead of monetary compensation. Adval’s case was that BMC acquired 381 sq m of her 595 sq m land in three tranches — in 1957, 1968, and 1972. But BMC maintained that there were only two acquisitions, 29 sq m in 1968 and 113 sq m in 1972, and offered compensation for the total 142 sq m. However, the HC did not find any records confirm-ing the alleged 1957 land acquisition.
Regarding the 29 sq m acquisition of 1968, the HC directed the municipality to pay her Rs 435 as compensation. Upon BMC submitting all relevant material regarding the 113 sq m acquisition within eight weeks to the collector, the latter was directed to pass an order within 12 weeks thereafter. BMC was ordered to pay compensation within six weeks of the collector’s order.
Chavan said BMC paid Adval Rs 435 for the 28 sq m land acquisition on Nov 19, 2005. She returned the cheque on Nov 22, 2005. An award of Rs 3.12 lakh compensation was passed by the special land acquisition officer of Mumbai suburbs on Nov 29, 2008, for the 113 sq m land. On March 6, 2009, the civic body sent a cheque to the special land acquisition officer.
The judges asked the state’s advocate, Jaymala Ostwal, to take instructions from the special land acquisition officer and inform the court on Friday.