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The Bombay High Court has clarified that CIDCO's 22.5% developed land return scheme is optional, not mandatory, for landowners. If landowners choose not to participate, CIDCO must follow the due process under the LARR Act, 2013, and the Maharashtra Regional and Town Planning (MRTP) Act, including providing full monetary compensation. The judgment reinforces statutory property rights and fair compensation principles. Experts suggest the ruling could affect land acquisition practices in Navi Mumbai, particularly in projects like the Navi Mumbai Airport Influence Notified Area (NAINA) and Navi Mumbai International Airport (NMIA).
The Bombay High Court has delivered a crucial ruling concerning CIDCO's 22.5% developed land return scheme, confirming that participation by landowners is entirely optional. Landowners are not obliged to accept a portion of their acquired land in developed form. Should they decline the scheme, CIDCO is required to adhere strictly to the legal procedures outlined in the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (LARR) Act, 2013, and Section 126 of the Maharashtra Regional and Town Planning (MRTP) Act. Advertisement
The court observed that administrative policies cannot override statutory rights, emphasizing that landowners are entitled to fair compensation, rehabilitation, and resettlement as guaranteed by law. The judgment noted that CIDCO must either complete acquisition within the legally prescribed timeframe or release the land if acquisition is not completed.
By interpreting Section 108 of the LARR Act, the court clarified that the 22.5% land return offer is purely optional. If landowners opt out, CIDCO must proceed with the acquisition and provide full monetary compensation, leaving all other contentions open for future consideration.
Industry experts suggest the decision could significantly influence land acquisition procedures in Navi Mumbai, particularly for projects under the Navi Mumbai Airport Influence Notified Area (NAINA) and Navi Mumbai International Airport (NMIA), which have seen disputes over land pooling and compensation.
The ruling reinforces legal principles enshrined in Section 108 of the LARR Act, Section 126 of the MRTP Act, and Article 300A of the Constitution, which protects property rights. It is expected to serve as a precedent for ongoing and future land acquisition cases across Maharashtra.
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