Landmark Ruling: Church Wins Battle to Preserve Public Park Land in Mumbai
A Mumbai court has ruled in favour of a church, protecting a 1,309 sqm plot of land earmarked for a public park, emphasizing the importance of fair compensation and landowner consent.
Land AcquisitionPublic ParkMumbaiChurchFair CompensationReal Estate MumbaiJul 07, 2024
The court, comprising Justices Girish Kulkarni and Arun Pednekar, sided with the church, clarifying that the Maharashtra Regional Town Planning Act (MRTP Act) permits offering TDR or FSI only with the landowner's consent. The court directed the BMC to follow the land acquisition process outlined in the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
This landmark verdict sets a significant precedent for similar land acquisition disputes in Mumbai and other Indian cities, emphasizing the importance of obtaining landowner consent before offering TDR as compensation. Additionally, it reinforces the rights of institutions like churches, which may not benefit from development rights. The ruling also highlights the ongoing challenge of securing green spaces in Mumbai, a city with a population exceeding 20 million people. While the BMC's goal of creating a public park is understandable, it needs to find solutions that respect the rights of landowners and ensure fair compensation.
The court has restrained the BMC from taking possession of the church land until the land acquisition process under the 2013 Act is complete. This process typically involves negotiations with the landowner, social impact assessments, and determining fair compensation. It remains to be seen if the BMC and the church can reach an amicable agreement or if the matter progresses through the formal acquisition process.
Information
Our Lady of Immaculate Conception Church is a historic church located in Borivali West, Mumbai. The church is a registered charity and has been a prominent landmark in the area.
The Brihanmumbai Municipal Corporation (BMC) is the civic body responsible for governing and administering the city of Mumbai.
Frequently Asked Questions
What is the dispute about?
The dispute is about the acquisition of a 1,309 sqm plot of land by the BMC for a public garden, and the church's insistence on fair monetary compensation.
What is Transferable Development Rights (TDR)?
TDR is a mechanism that allows developers to increase the floor space index (FSI) of a construction project on a different plot by purchasing development rights from another landowner.
What is the significance of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013?
The act ensures fair compensation to landowners whose property, exceeding 500 square metres in urban areas, is acquired for public purposes.
What is the impact of this verdict on similar land acquisition disputes?
The verdict sets a significant precedent for similar land acquisition disputes in Mumbai and other Indian cities, emphasizing the importance of obtaining landowner consent before offering TDR as compensation.
What is the current status of the case?
The court has restrained the BMC from taking possession of the church land until the land acquisition process under the 2013 Act is complete.
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