9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2015 (2) TMI 1389 - SC - Indian LawsSeeking enhancement of compensation for the land acquired for 50 and 80 feet D.P. Road - compensation for land acquired for Dhobi Ghat - HELD THAT - In the present case is that the dispute relates to mutation; in the revenue record the land has been mutated and recorded in the name of the Appellant-Corporation. This was opposed by the Respondent No. 2 who had not been granted relief by the competent authorities at the different stages. Therefore he moved before the High Court against the mutation. It is settled that mutation does not confer any right and title in favour of any one or other nor cancellation of mutation extinguishes the right and title of the rightful owner. Normally the mutation is recorded on the basis of the possession of the land for the purposes of collecting revenue - In the present case it is found that a disputed question of fact was raised by the parties with regard to the title over the land in question. The Appellant-Corporation on the one hand based its claim of title on payment of amount by depositing it in the court and possession of the land taken pursuant to the agreement reached between the Appellant-Corporation and the father of the Respondent No. 2. In view of the fact that there is a disputed question of fact it was not a fit case for the High Court to decide the question of mutation doubting the title in a petition under Article 226 of the Constitution and thereby reversing the concurrent finding of fact by the competent authorities - appeal allowed.
Issues:
1. Dispute over land acquisition and compensation. 2. Challenge to mutation in revenue records. 3. Doubt regarding title of the Appellant-Corporation. 4. Validity of High Court's decision in Writ Petition. Issue 1: Dispute over land acquisition and compensation: The case involved a dispute over the acquisition of land for a Washery (Dhobi Ghat) by the Municipal Corporation through private negotiations. The original owner, a protected tenant, applied for post-facto permission for alienation of the land, which was granted. Subsequently, there were disputes over compensation for land acquired for D.P. Road and Dhobi Ghat. Various legal proceedings ensued, including petitions for enhancement of compensation, which were dismissed by the High Court and the Supreme Court, leading to the finality of the acquisition and compensation issues. Issue 2: Challenge to mutation in revenue records: The Appellant-Corporation sought mutation in revenue records to show ownership of the land for constructing a shopping complex. The Respondent challenged this mutation through various appeals and petitions after losing before all Revenue Authorities. The High Court allowed the Writ Petition by questioning the title of the Corporation, leading to the appeal before the Supreme Court. Issue 3: Doubt regarding title of the Appellant-Corporation: The Respondent contended that the Corporation's claim of title was dubious as the compensation amount deposited did not pertain to the land in question. The High Court doubted the Corporation's title based on these arguments. The Supreme Court emphasized that mutation does not confer title and observed that there was a disputed question of fact regarding the title, leading to the setting aside of the High Court's decision. Issue 4: Validity of High Court's decision in Writ Petition: The Supreme Court set aside the High Court's order, emphasizing that the disputed question of fact regarding title was not suitable for determination in a writ petition under Article 226 of the Constitution. The Court held that the title issue should be decided by a competent court, and necessary corrections in revenue records should be made accordingly. The appeal was allowed with the direction to keep the question of title open for determination in an appropriate case. In conclusion, the Supreme Court's judgment addressed the disputes over land acquisition, compensation, mutation in revenue records, and the doubt regarding the Corporation's title. The Court emphasized the need for a competent court to decide the title issue and directed necessary corrections in revenue records based on the final determination of title.
|
