The short issue which requires consideration by this Court in the present appeal is regarding rights of the appellants for consideration of their claim either for allotment of an alternative site or compensation for the premises in their use and occupation. (Para 2)
The undisputed fact which remains or record is that the appellants were found to be in possession of the property in dispute from the year 1976 onwards. It was even assessed to tax by the Municipal Corporation. The litigation started with the issuance of notice dated 20.02.2001 under Section 314 read with Section 394 of the Mumbai Municipal Corporation Act, 1888 to Nawab Ali Suleman, predecessor-in-interest of the appellants. (Para 3)
The short argument raised by learned counsel for the appellants is that in terms of the Town Planning Scheme, as notified on 01.08.1994 and the subsequent circulars issued by the Corporation [Municipal Corporation of Greater Mumbai] from time to time, the appellants who are in possession of the property in dispute are entitled to be rehabilitated or paid compensation. The genuine claim of the appellants is not being considered though undisputedly they were found to be in possession of the property in dispute from the year 1976 onwards. (Para 4)
After hearing learned counsel for the parties, in our view, the present appeal deserves to be allowed without going into much details for the reason that admittedly, the appellants were found to be in possession of the property in dispute from the year 1976 onwards as per census certificate dated 24.05.1978. In terms of the Town Planning Scheme, notified on 01.08.1994 and subsequent circulars, the claim of any occupant of the property is required to be considered for rehabilitation or for payment of compensation. The appellants are still in possession of the property, which is stated to be coming in the alignment of 60 feet T.D. Road. The only prayer of the appellants is that their claim for rehabilitation or payment of compensation be considered in terms of the Town Planning Scheme. The same has not been considered. (Para 6)
Instead of relegating the parties to litigate further, in our view, the present appeal can be disposed of with a direction to the Corporation to consider the claim of the appellants in terms of the Town Planning Scheme either for rehabilitation or payment of compensation. The needful shall be done within a period of three months from the date of receipt of copy of the order. (Para 7)
SUPREME COURT OF INDIA
2023 STPL(Web) 408 SC
[2023 INSC 983]
Jaffar Ali Nawab Ali Chaudhari And Others Vs. The Municipal Corporation Of Greater Mumbai
Civil Appeal No……….. of 2023 (Special Leave Petition (C) No. 4441 of 2020)-Decided on 6-11-2023
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