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HC status quo on decision to take possession of MPRTC land

NAGPUR: The Nagpur bench of Bombay high court on Thursday granted a status quo on superintendent of land records’ (SLR) decision to take possession of land belonging to Madhya Pradesh Road Transport Corporation (MPRTC) at high location reverse Tekdi Ganesh Temple near railway station.
The collector and SLR had declared 2.18-hectare land owned by way of MPRTC to be a Nazul land and issued realize to the petitioner to vacate it within a week.

A division bench comprising justices Ravi Deshpande and Vinay Joshi issued notices to the respondents, together with Union defence ministry, state revenue and normal administration division (GAD) secretaries, but even so collector and SLR. While solving the case for disposal, the bench directed respondents to reply within 8 weeks and deal with status quo till then.

Petitioner MPRTC, through recommend Rohan Chabra, challenged collector and SLR’s decision contending that it was once being forced to evict from the land without following proper procedure and in whole violation of Articles 14 and 19(1) of the Constitution of India.

In 1956, Central Province Transport Service used to provide same carrier like MPRTC. On January 19 the similar 12 months, the Union of India sanctioned 2.18 hectares of Sitabuldi Fort Area to the Government of Madhya Pradesh (MP) at Rs 1.70 lakh. Subsequently, a delivery carrier was once started with a fleet of 93 buses which used to transport passengers to neighbouring and other states.

The bus carrier no longer handiest provided revenue to the MP government, but additionally to tehsildar and the Nagpur Municipal Corporation (NMC) in the form of taxes since 1962.

According to the petitioner, about Rs 1,600 crore have been due on it from the MP government towards arrears of land revenue and other taxes. Therefore, the latter connected all its homes in 2006 that incorporated the land in entrance of Ganesh temple. But the federal government didn’t take its bodily possession and appointed a caretaker for the disputed belongings.

On November 26, the MPRTC won a letter from the collector’s administrative center at the decision passed by way of the SLR directing it to seem in the listening to. The letter discussed that the land belongs to Nazul and MPRTC lacked legitimate paperwork referring to possession of two.eight hectares land.

Later, MPRTC officers seemed before SLR on December 10 with proper documentation containing possession of the land. The SLR carried out any other listening to on December 24, however didn’t grant an excellent probability to the petitioner to constitute its facet.

On January 19, MPRTC won eviction realize stating that the land belonged to the collector and it might take its possession underneath the Maharashtra Government Premises (Eviction) Act of 1956.

(With inputs from

Bikromjeet Mukherjee)

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