GODREJ & BOYCE MANUFACTURING.CO.LTD. Vs. STATE OF MAHARASHTRA & ORS

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 1086 OF 2015

(ARISING OUT OF SLP(C)NO.19426 OF 2012)

GODREJ & BOYCE MANUFACTURING.CO.LTD. ………APPELLANT

Vs.

STATE OF MAHARASHTRA & ORS. ……RESPONDENTS

In the year 1991, appellant’s land in question were reserved under the Sanctioned Development Plan of Greater Mumbai for acquisition of respondent No.2 herein – Union of India, Ministry of Railways for laying down additional Railway tracks between “Thane and Kurla”. No steps were taken by the concerned authorities despite passing of 10 years period as contemplated under Section 127 of the MRTP Act to acquire the reserved land of the appellant. The appellant has issued the purchase notice under the said Section on 04.09.2002 to the respondent No.2 – Ministry of Railways stating that if, the Ministry of Railways is in need of the land in question, the same may be acquired by them, and if the same is not required, a clarification to that effect may be issued. After issuance of the said notice, the period of 6months as prescribed under Section 127 of the MRTP Act, was expired on 3.3.2003, thus, the reservation of the land in question was deemed to be released. Having got no reply from respondent No. 2, the appellant again wrote a letter dated 2.10.2004 to respondent No.1 for de-reservation of the land if the same is not required by them. On 1.11.2004, the respondent No. 2 – Ministry of Railways informed the Urban Development Department of State that there was no proposal for acquisition of reserved land for railway development works in the Railways in the near future. The appellant, on 5.1.2005, wrote to the Urban Development Department of the State Government requesting for suitable steps in view of clarification letter dated 1.11.2004 issued by respondent No. 2 and requested it for expediting the process of deleting the reservation of the land in question….read more