Sonegaon Lake set to regain lost glory as HC clears way
Anjaya Anparthi | TNN | Jan 26, 2019, 05:34 IST
NAGPUR: Paving way for acquisition and beautification of Sonegaon Lake, the Nagpur bench of Bombay high court has vacated 19-year-long stay and also disposed of the petition by one of the two owners — Dr Rekharani Bhiwapurkar.
Hearing the writ petition of Bhiwapurkar, the bench headed by Justice RK Deshpande and Justice Vinay Joshi said, “The petition has become infructuous in view of the order dated January 17 passed by this court in PIL (71/2015). The petition is dismissed as infructuous. All questions regarding the applicability of the new Act are kept open,” the judges ordered.
In the same case on January 17, the HC also vacated the stay on acquisition of the waterbody. “The status quo ordered by this court on March 22, 2000, and further continued on May 3, 2000, stands vacated in view of the orders passed today by this court in PIL (71/2015), so as to remove any inconsistencies,” the bench said.
The district administration had started the process to acquire the lake in 1999. Bhiwapurkar had taken objection and filed a writ petition challenging the acquisition.
Bhiwapurkar and late Dr Sudha Sutaria had purchased the lake spread in 16.42 hectare on June 21, 1974, in an auction conducted by the Court of Wards under the district administration.
In 2015, activists TH Naidu and Prashant Pawar had filed a PIL challenging the auction, demanding the lake’s acquisition by Nagpur Municipal Corporation (NMC) and taking objection on the civic body’s plan to give transfer of development rights (TDR) to the owners.
On January 17 this year, the HC disposed of the PIL. “Owners have no objection if the waterbody is acquired by the government or the NMC. The petitioners shall also not object to carry out any developmental activities in the lake from the funds spent either by the government or the NMC, upon acquisition of the land,” the court said.
Thus, the government or the NMC will have to first acquire the lake and execute beautification works. Already, the government had approved beautification project at a cost of Rs18.20 crore and kept it pending for the HC’s order.
On compensation to be paid to the owners, the HC said, “The question of determination of compensation — whether it should be under the provisions of Land Acquisition Act, 1894, or under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, is kept open to be adjudicated in writ petition (966/2000) filed by one of the owners.”
In the same order, the HC observed, “None of the arrangement shall come in the way of the owners in prosecuting their claim to urge that the acquisition in question has notionally lapsed and compensation as per the provisions of 2013 Act is required to be granted.”
Disposing of the writ petition on January 24, the HC said, “All questions regarding the applicability of the new Act are kept open.”
Hearing the writ petition of Bhiwapurkar, the bench headed by Justice RK Deshpande and Justice Vinay Joshi said, “The petition has become infructuous in view of the order dated January 17 passed by this court in PIL (71/2015). The petition is dismissed as infructuous. All questions regarding the applicability of the new Act are kept open,” the judges ordered.
In the same case on January 17, the HC also vacated the stay on acquisition of the waterbody. “The status quo ordered by this court on March 22, 2000, and further continued on May 3, 2000, stands vacated in view of the orders passed today by this court in PIL (71/2015), so as to remove any inconsistencies,” the bench said.
The district administration had started the process to acquire the lake in 1999. Bhiwapurkar had taken objection and filed a writ petition challenging the acquisition.
Bhiwapurkar and late Dr Sudha Sutaria had purchased the lake spread in 16.42 hectare on June 21, 1974, in an auction conducted by the Court of Wards under the district administration.
In 2015, activists TH Naidu and Prashant Pawar had filed a PIL challenging the auction, demanding the lake’s acquisition by Nagpur Municipal Corporation (NMC) and taking objection on the civic body’s plan to give transfer of development rights (TDR) to the owners.
On January 17 this year, the HC disposed of the PIL. “Owners have no objection if the waterbody is acquired by the government or the NMC. The petitioners shall also not object to carry out any developmental activities in the lake from the funds spent either by the government or the NMC, upon acquisition of the land,” the court said.
Thus, the government or the NMC will have to first acquire the lake and execute beautification works. Already, the government had approved beautification project at a cost of Rs18.20 crore and kept it pending for the HC’s order.
On compensation to be paid to the owners, the HC said, “The question of determination of compensation — whether it should be under the provisions of Land Acquisition Act, 1894, or under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, is kept open to be adjudicated in writ petition (966/2000) filed by one of the owners.”
In the same order, the HC observed, “None of the arrangement shall come in the way of the owners in prosecuting their claim to urge that the acquisition in question has notionally lapsed and compensation as per the provisions of 2013 Act is required to be granted.”
Disposing of the writ petition on January 24, the HC said, “All questions regarding the applicability of the new Act are kept open.”
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