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Supreme Court of India 2022-02-14 allowed

Kolhapur Municipal Corporation & Ors vs Vasant Mahadev Patil (Dead) Through L.R.s & Ors

Bench: 2 — M.R. Shah

In Brief

Landowners sought a court order compelling a Municipal Corporation to acquire their land reserved for public purposes (parking, garden) under a city development plan. The Corporation had passed a resolution to acquire but later refused, citing financial constraints and claiming the flood-affected land was unsuitable. The High Court ordered acquisition. The Supreme Court allowed the Corporation's appeal, holding that the reservation had lapsed by operation of law because no acquisition steps were taken within 12 months of a notice served in 2012. The Court held that merely passing a resolution does not constitute taking 'steps' towards acquisition; formal declaration is required. Further, since the land was unsuitable for its intended public purposes, the Corporation could not be compelled to acquire it.",

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Land Acquisition Town Planning Administrative Law Writ Jurisdiction Property Rights

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