Landmark Supreme Court Decision: Balancing Property Rights and Town Planning Scheme
In a noteworthy decision rendered on November 6, 2023, the Supreme Court of India, comprising Justices Vikram Nath and Rajesh Bindal, addressed the rights of the appellants in the case of Jaffar Ali Nawab Ali Chaudhari and Others versus Municipal Corporation of Greater Mumbai. The ruling focused on the crucial question of whether the appellants were entitled to consideration for an alternative site or compensation for the premises they had occupied since 1976.
Background:
The undisputed possession of the disputed property by the appellants since 1976 formed the foundation of the case. The legal battle commenced with a notice issued in 2001 under the Mumbai Municipal Corporation Act, leading to a Civil Suit in 2003, where the Corporation was restrained from taking any action against the occupants. Subsequent notices in 2004 and 2007, along with an order to surrender possession in 2007, sparked further litigation. The Trial Court, in 2011, deemed the notices and order illegal, but the High Court overturned this decision, prompting the appeal.
Legal Arguments:
The core argument presented by the appellants’ counsel, Mr. Nitin Bhardwaj, centred on the Town Planning Scheme of 1994 and subsequent circulars. The contention was that, in line with these regulations, the appellants, as long-standing occupants, were entitled to rehabilitation or compensation. The Corporation, represented by Mr. Garvesh Kabra, countered that the suit was not maintainable under Section 149 of the Act, and the appellants’ claim was belated, potentially leading to a cascade of similar claims.
Court’s Verdict:
The Supreme Court, after granting leave, decided in favour of the appellants without delving into intricate details. The decisive factor was the undisputed possession since 1976, as evidenced by a census certificate. Emphasizing the provisions of the Town Planning Scheme from 1994 onwards, the Court directed the Corporation to reconsider the appellants’ claim within three months.
Key Takeaways:
- Recognition of Long-standing Possession: The Court’s emphasis on the appellants’ possession since 1976 underscores the importance of acknowledging long-standing occupancy in property disputes.
- Town Planning Scheme Compliance: The decision highlights the significance of adherence to town planning regulations, urging authorities to consider the claims of property occupants in line with established schemes.
- Timely Resolution: By directing the Corporation to act within three months, the Court aims for a swift resolution, avoiding prolonged legal battles.
Conclusion:
The Supreme Court’s decision in the Jaffar Ali Nawab Ali Chaudhari case serves as a landmark judgment, balancing property rights with town planning regulations. The ruling sets a precedent for the consideration of long-standing occupants’ claims within the framework of established schemes, promoting fairness and timely resolution in property disputes.
In the Supreme Court of India
(Before Vikram Nath and Rajesh Bindal, JJ.)
Jaffar Ali Nawab Ali Chaudhari and Others … Appellant(s);
Versus
Municipal Corporation of Greater Mumbai … Respondent(s).
Civil Appeal No……….. of 2023 (Special Leave Petition (C) No. 4441 of 2020)
Decided on November 6, 2023
