The Court rules against the Municipal Corporation of Greater Mumbai's attempt to acquire private land, highlighting the disproportionate impact on a long-established factory.
In a significant ruling, the Bombay High Court has quashed the Municipal Corporation of Greater Mumbai's (MCGM) notices to acquire a portion of land belonging to Newkem Products Corporation for a proposed road alignment. The division bench, comprising Mr. Ravindra V. Ghuge, A.C.J., and Gautam A. Ankhad, J., found that the statutory provisions under Sections 297 and 299 of the Mumbai Municipal Corporation Act, 1888, were improperly invoked to acquire private land that is not part of an existing public street.
The petitioners, Newkem Products Corporation, have been in possession of the land and operating a factory there since 1957. The MCGM had issued notices in 2024 and 2025 to acquire part of the petitioner's land for extending Aatmaram Bhoir Marg, a move that the court found to be unjustified and lacking in substantial public interest.
The court noted that the proposed road would merely save 400 meters of travel distance and did not present any significant evidence of reducing traffic congestion or pollution. It highlighted that the acquisition would disrupt the functioning of the petitioner's factory, separating essential facilities and infrastructure, including gas pipes and electrical installations.
The judgment also pointed out that the proposed acquisition appeared to be driven by private interests, particularly at the behest of a local developer, rather than any genuine public necessity. The court emphasized that statutory powers must not be misused for private or collateral purposes and that the exercise of such powers should be in proportion to the public interest served.
As a result, the court has set aside the notices issued by the MCGM under Section 299, preventing the acquisition of the petitioner's land. The ruling serves as a reminder of the need for municipal authorities to balance developmental goals with the rights of private property owners and the broader public interest.
Bottom Line :
Municipal Corporation cannot invoke Sections 297 and 299 of the Mumbai Municipal Corporation Act, 1888, to acquire private land for the purpose of a proposed road where the land is not part of an existing public street and acquisition would severely affect the functioning of an established factory.
Statutory provision(s): Mumbai Municipal Corporation Act, 1888 - Sections 297, 299
