Mumbai, June 19: More than two decades after land in Ghatkopar East was acquired for the Kurla-Thane railway expansion project, the Bombay High Court has enhanced the compensation payable to the landowner and ruled that tenants, despite having been rehabilitated, are also entitled to a share in the award.
Justice Farhan Dubash on June 17 increased the market value of the acquired land from Rs 3,750 per square metre, as determined by the Special Land Acquisition Officer (SLAO) in 2001, to Rs 6,200 per square metre.
Land acquisition dispute
The case relates to the acquisition of over 906 sq m of land at Village Kirol in Ghatkopar East, including Vallabh Chawl and other structures, for the construction of the fifth and sixth railway lines between Kurla and Thane under the Mumbai Urban Transport Project. The acquisition proceedings began in the early 2000s.
The owner, Chaturbhuj Vallabhdas (HUF), had sought compensation at the rate of Rs 19,368 per sq m, arguing that the property was located in a prime area close to Ghatkopar railway station, M.G. Road and Rajawadi Hospital.
The acquiring body, however, contended that the land was a narrow strip adjoining railway tracks, lacked proper road frontage and was subject to development restrictions.
After considering the rival submissions, the court found that the original valuation was inadequate.
“The market value of Rs 3,750 per square metre determined by the SLAO... is not just, fair or reasonable,” the court observed. At the same time, it said the owner's demand for Rs 19,368 per sq m “cannot be accepted”.
Court fixes revised compensation
The court ultimately fixed the fair market value at Rs 6,200 per sq m after taking into account factors such as the shape of the land, restrictions arising from its proximity to the railway line and the existence of tenant encumbrances.
The detailed 102-page judgment also settled a long-standing dispute over the apportionment of compensation between the landlord and tenants. Rejecting the owner's claim for exclusive entitlement, the court held that the tenants' protected occupancy rights constituted a compensable interest.
“The compensation is required to be apportioned in the ratio of 40% to the owner and 60% to the tenants,” Justice Dubash said, adding that “the owner cannot be deprived of compensation for ownership, while also recognising that the tenants' protected occupation was a valuable interest”.
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Tenants entitled to share
MMRDA, which had provided alternate accommodation to the 12 tenants, had sought payment of the tenants' share directly to it based on undertakings executed by them. The court, however, held that MMRDA had “no independent right” to claim the amount in these proceedings.
It clarified that MMRDA was free to pursue separate legal remedies, if available, to enforce those undertakings.
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