Supreme Court Directs Rehabilitation or Compensation for Longstanding Occupants

07 May 2024 8:19 AM

By: Admin

In a significant ruling that underscores the rights of citizens over their longstanding occupied properties, the Supreme Court today mandated the Municipal Corporation of Greater Mumbai to “consider the claim of the appellants in terms of the Town Planning Scheme either for rehabilitation or payment of compensation.”

The apex court’s decision comes in the wake of a protracted legal battle that began in 2001, concerning the rights of the appellants who have been in possession of their property since 1976. The property, which has been a subject of multiple legal notices and suits, is now due for rehabilitation or compensation as per the provisions of the Town Planning Scheme.

The bench, comprising Justices Vikram Nath and Rajesh Bindal, overturned the High Court’s decision that had ruled against the appellants. The Supreme Court observed that the claim of the appellants is genuine and deserves consideration, noting, “admittedly, the appellants were found to be in possession of the property in dispute from the year 1976 onwards.”

The Court has set a deadline for the Corporation to resolve the matter, ordering that “the needful shall be done within a period of three months from the date of receipt of copy of the order.”

This judgment is poised to set a precedent for similar cases where occupants’ rights to rehabilitation or compensation are in contention, especially in the context of urban development and town planning schemes.

Date of Decision: 06 November 2023.

JAFFAR ALI NAWAB ALI CHAUDHARI AND OTHERS VS THE MUNICIPAL CORPORATION OFGREATER MUMBAI