Stationary Vehicle Parked At Night Without Warning Signs Poses Evident Hazard; SC Refuses To Reduce Compensation For CA Student’s Death Motor Accident Claims: 100% Loss Of Earning Capacity To Be Considered If Amputation Prevents Manual Worker From Pursuing Sole Avocation: Supreme Court Substantive Amendments Rendering Land Transfers 'Void' Are Prospective; Cannot Invalidate Decades-Old Sale Deeds: Supreme Court Registered Sale Deed Carries Formidable Presumption Of Genuineness; Minor Witness Discrepancies Cannot Invalidate Decades-Old Document: Supreme Court Mere Breach Of Sale Agreement Not Cheating Unless Dishonest Intent Existed From Inception: Telangana High Court Mining Lease Applications For First Schedule Minerals Deemed 'Disposed Of' Once Recommended & Approved Prior To 2015: Supreme Court Prolonged Incarceration Under NDPS Act Militates Against Article 21; Conditional Liberty Must Override Section 37 Embargo: Supreme Court Perpetual Minor Status Of Deity Does Not Exempt It From Limitation Laws; Condonation Requires 'Sufficient Cause': Orissa High Court State Cannot 'Approbate And Reprobate' Bravery: MP High Court Mandates Out-Of-Turn Promotion For Cop Who Rescued Truck From 200-Foot Gorge Drugs Controller Can Regulate Misleading Discount Boards In Medical Shops; Right To Business Not A Shield For Deception: Kerala High Court Courts Cannot Direct Parliament To Adopt Rotational Reservation For Assembly Seats; Section 9(1)(c) Delimitation Act Valid: Allahabad High Court Official To Pay Rs 20,000 Costs From Own Pocket: Andhra Pradesh High Court Holds Municipal Commissioner Liable For Failing To Take Court Orders To 'Logical End' IPC Sections 406 & 420 Cannot Co-exist On Same Set Of Facts; Substantial Compliance Enough For Section 156(3) CrPC Affidavit: Kerala High Court

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       

[gview file="https://lawyerenews.com/wp-content/uploads/2023/11/06-Nov-2023-Jaffar-Ali-Vs-MC-Greater-Mumbai.pdf"]

Latest Legal News