MUMBAI: Bombay high court has set aside a communication from the Mira Bhayander Municipal Corporation denying permission for construction on land proposed for a national highway. The court has directed the MBMC to grant permission to the owners of the land saying there is no notification by the National Highway Authority regarding construction of a highway.
A bench headed by Justice A M Khanwilkar heard a petition by Sajid Muhjammed Saeed Bhola and others challenging MBMC's March 7, 2012 letter directing them to take a no objection certificate from NHA before it can issue further commencement certificate for construction for industrial use. According to the petition, MBMC refused to issue the commencement certificate due the likelihood that the land on which the construction is to be put up may be affected by the proposed national highway.
It is not in dispute that, as of today, no final plan has been published regarding the proposed national highway in the concerned area, much less an expression of intention of the Authority indicating that the land on which the proposed construction is to be put up is likely to be affected by the proposed highway road.,'' the judges noted in their November 6, 2012 order. The judges also noted that the NHA has not published a notification in this regard . So long as such notification is not issued, it is unfathomable as to how the owner of the land can be deprived from
enjoying and developing the property,'' they added.
The judges said as and when the NHA finally decides to acquire the land and publishes a notification, the petitioners would be entitled to claim compensation as per law. Until then it is not open to MBMC to deny them permission , they added.
NHA advocate told court it is not possible to indicate a time frame within which the Authority will publish such notification . The judges set aside MBMC's notification and directed it to consider applications for grant of further commencement certificate to the petitioners. The court clarified that in case MBMC receives an intimation from NHA about the notification it may not take a decision on the petitioner's plea for permission till NHA's no objection certificate is obtained.
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