The Supreme Court has directed Maharashtra authorities to transfer over 24 acres of alternative land to a man whose property was illegally occupied more than six decades ago. This directive comes as part of a longstanding dispute that reached the apex court, culminating in a decision that seeks to rectify the historical wrong.
The bench, consisting of Justices B R Gavai and K V Viswanathan, ruled that the collector of Pune is to ensure the land measuring 24 acres and 38 gunthas is properly demarcated and handed over in “peaceful and vacant possession” to the plaintiff. This decision underscores the court’s commitment to resolving property disputes that linger due to bureaucratic and legal hurdles.
Furthermore, the Supreme Court addressed a separate but related issue involving Rajesh Kumar, the additional chief secretary of the forest and revenue department, who faced a contempt charge for remarks made in an affidavit. The affidavit, which was found contemptuous by the court, had insinuated that the Supreme Court did not adhere to legal standards. Kumar has since tendered an unconditional apology, which the court accepted, dismissing the contempt proceedings against him.
During the proceedings, the court highlighted its intention to protect forest cover, stating that it would not sanction any order that could potentially harm the environment. This stance is aligned with ongoing efforts by the court’s green bench to preserve the nation’s green spaces.
The case’s history dates back to 1961 when the land originally owned by the applicant was taken by the state and allocated to the Armament Research Development Establishment Institute (ARDEI), a unit of the Centre’s Defence Department. Over the years, various complications arose, including the misclassification of an alternative land parcel as forest land, further complicating the restitution process.
The apex court has now mandated that all formalities concerning the title transfer of the new land parcel be completed within six weeks and necessary modifications under section 37 of the Maharashtra Regional and Town Planning Act, 1966, be implemented within three months.
