1 week Ago By Vishwas Kothari
Pune: The Supreme Court on Monday directed Maharashtra govt to hand over 24 acres and 38 gunthas alternative land in Yewalewadi to the party whose land of equivalent area in Pashan was acquired by govt in 1961 and later given to defence ministry for setting up the Armament Research and Development Establishment (ARDE) in 1963. Lawyer Nishant Katneshwarkar, appearing for Maharashtra govt, told TOI, "The SC bench of Justice B R Gavai and Justice K V Viswanathan passed an order to this effect after additional chief secretary (revenue and forest) Rajesh Kumar, present in person in the court, furnished an undertaking that govt will handover possession of the alternative land after measurement to the applicant (affected party) free from all encumbrances within six weeks from the receipt of the court's order." He said the court had allowed state govt to complete all formalities like modification of Section 37 of the Maharashtra Regional and Town Planning Act, 1966, in case of reservations, if any, within three months.
"The matter has been kept for next hearing in Jan 2025 when a compliance report will be filed," Katneshwarkar said. The undertaking submitted by Kumar read: "With regard to modification under Section 37 of the Maharashtra Regional and Town Planning Act, 1966, I had consulted with the chief secretary and the principal secretary (UD-I) of the urban development department, Maharashtra state. With their consent, I undertake that the said formalities will be completed at the earliest.
After completion of the above formalities, the applicant will be free to use/develop the above mentioned land as per his will." The SC acknowledged the additional chief secretary (ACS)'s presence and accepted an unconditional apology tendered by him with regards to a "contemptuous" statement made in an affidavit related to the land compensation matter filed at the last hearing on Aug 28. The bench had then directed the ACS's presence in person while observing that the inference of his statement was that the court was not following the law.
Katneshwarkar said, "Earlier in the day, we informed the court that the alternative land in Yewalewadi was inspected by the state authorities in presence of the applicant and that the latter had not said no to the transfer of alternative land. After some deliberations on whether to accept the alternative land or go for monetary compensation, the court asked if it was acceptable to the applicant that the court take an undertaking from govt to the effect that within a particular period the alternative land is given free from all encumbrances to him. The applicant accepted this, and the matter was posted after a break at 2pm to enable the state to furnish the undertaking.
" Pune: The Supreme Court on Monday directed Maharashtra govt to hand over 24 acres and 38 gunthas alternative land in Yewalewadi to the party whose land of equivalent area in Pashan was acquired by govt in 1961 and later given to defence ministry for setting up the Armament Research and Development Establishment (ARDE) in 1963. Lawyer Nishant Katneshwarkar, appearing for Maharashtra govt, told TOI, "The SC bench of Justice B R Gavai and Justice K V Viswanathan passed an order to this effect after additional chief secretary (revenue and forest) Rajesh Kumar, present in person in the court, furnished an undertaking that govt will handover possession of the alternative land after measurement to the applicant (affected party) free from all encumbrances within six weeks from the receipt of the court's order." He said the court had allowed state govt to complete all formalities like modification of Section 37 of the Maharashtra Regional and Town Planning Act, 1966, in case of reservations, if any, within three months.
"The matter has been kept for next hearing in Jan 2025 when a compliance report will be filed," Katneshwarkar said. The undertaking submitted by Kumar read: "With regard to modification under Section 37 of the Maharashtra Regional and Town Planning Act, 1966, I had consulted with the chief secretary and the principal secretary (UD-I) of the urban development department, Maharashtra state. With their consent, I undertake that the said formalities will be completed at the earliest.
After completion of the above formalities, the applicant will be free to use/develop the above mentioned land as per his will." The SC acknowledged the additional chief secretary (ACS)'s presence and accepted an unconditional apology tendered by him with regards to a "contemptuous" statement made in an affidavit related to the land compensation matter filed at the last hearing on Aug 28. The bench had then directed the ACS's presence in person while observing that the inference of his statement was that the court was not following the law.
Katneshwarkar said, "Earlier in the day, we informed the court that the alternative land in Yewalewadi was inspected by the state authorities in presence of the applicant and that the latter had not said no to the transfer of alternative land. After some deliberations on whether to accept the alternative land or go for monetary compensation, the court asked if it was acceptable to the applicant that the court take an undertaking from govt to the effect that within a particular period the alternative land is given free from all encumbrances to him. The applicant accepted this, and the matter was posted after a break at 2pm to enable the state to furnish the undertaking.
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