SC clears way for civic bodies for road widening in Bhopal and Indore
The Supreme Court on Tuesday dismissed 13 petitions challenging some provisions of Madhya Pradesh Municipal Corporation Act 1956, which empowers civic bodies in the state to acquire private land for road widening.indore Updated: Nov 30, 2016 09:15 IST
The Supreme Court on Tuesday dismissed 13 petitions challenging some provisions of Madhya Pradesh Municipal Corporation Act 1956, which empowers civic bodies in the state to acquire private land for road widening.
A division bench of Justices JS Khehar and Arun Kumar Mishra ruled that power of acquiring private land for road widening purpose for execution of a city’s master plan is vested with the civic body.
The petitions were moved before the apex court challenged provisions 305, 306 and 387 of the Act as “ultra vires” (beyond one’s legal power or authority). Nine petitions were moved from Bhopal, while the rest from Indore.
The petitions were moved against acquisition of land by municipal corporations for road widening in Bhopal and Indore.
One of the petitions from Indore was filed by Ravindra Waghmare, the husband of late Justice Shubhada Waghmare, who refused to give away their land on AB Road in Indore for construction of BRTS corridor. Similar petitions were filed by people in Hathipala area and private properties obstructing construction of BRTS corridor in Bhopal.
“The bench observed that the municipal body can acquire private property for execution of master plan/road widening by providing reasonable compensation to the property owner,” said advocate Manoj Munshi, who represented Indore Municipal Corporation (IMC) in the apex court.
However, the apex court did not talk about the “reasonableness” in awarding compensation.
The apex court, according to advocate Munshi, said if property owners have any objections related to compensation provided by municipal body, they can go for arbitration before district court.
Munshi said, “The IMC can issue notice to property owners to remove their constructions from the land in question, or can demolish structures if the notice is not complied within 15 days.”
With the orders, the municipal corporations can now proceed with road widening at many places, which were pending for a long time, both in Bhopal and Indore.
Indore Municipal Commissioner Manish Singh expressed relief over the decision, saying the civic body can now proceed to remove road bottlenecks in the city.