HC allows housing body to develop Solapur land

MHADA had approached the court seeking a review of the restraining order since the order was passed while hearing a different petition related to a land in Solapur and the housing authority itself was not represented when the injunction was passed.

The dispute relates to two pieces of land that belonged to father of the original petitioner Krishna Bhosale. The land came to be requisitioned by the Collector of Solapur for construction of a nullah and road in 1987.

When MHADA had sought to acquire the land,the government passed a notification under MHADA Act for acquisition by paying compensation that was negotiated between the authority and the land owner. However,22 years after the compensation was paid,the land owner’s son moved the High Court stating the acquisition proceedings had not been initiated.

The petition on which the order was passed had urged the court to direct the housing board to acquire the land and pay compensation,while,in Bhosale’s petition,the facts were not the same.

Division Bench of Justices B H Marlapalle and V K Tahilramani observed that Bhosale has not pressed for restoration of the land.

The court,therefore,observed that there was no point in continuing the restraining order since the dispute is regarding compensation for land that has already been acquired or requisitioned.

According to MHADA counsel G W Mattos,whether the land was acquired or not by following due procedure will be decided in Bhosale’s petition which is still pending along with the dispute regarding compensation.