Holding

The MMC Act empowers the municipal corporation to acquire land and construct a new road in the public interest even when the road is not incorporated in the Development Plan, and the procedural requirements of Section 91 are directory, requiring only substantial compliance.

Summary

The appellants, owners of land in Mumbai, challenged the municipal corporation’s acquisition of their property for a link road, arguing that the road could only be built after amending the Development Plan under the Maharashtra Regional Town Planning Act (MRTP Act). The High Court upheld the acquisition, holding that the corporation could rely on the Mumbai Municipal Corporation Act (MMC Act) and the Land Acquisition Act (LAA) without a DP amendment. The Supreme Court examined the interplay between the MRTP Act and the MMC Act, emphasizing harmonious construction of statutes and the primacy of public interest over private rights. It found that the MMC Act’s provisions for road construction and land acquisition operate alongside, not in conflict with, the MRTP Act, and that the procedural requirements of Section 91 MMC Act were substantially complied with despite minor technical defects. Consequently, the Court dismissed the appeal, confirming the validity of the acquisition and the applicability of the MMC Act in this context.

Issues considered

The extent to which the MRTP Act and the MMC Act can be applied concurrently to acquire land for a road not reflected in the Development Plan.
Whether the municipal corporation’s reliance on Sections 91, 291(a) and 296 of the MMC Act constitutes a colourable exercise of power.
Whether the procedural requirements of Section 91 MMC Act, particularly the need for the Commissioner’s application, were mandatory or directory.
Whether the acquisition satisfies the public‑interest test outweighing the appellants’ private property rights.

Legislation cited

General Clauses Act
Land Acquisition Act, 1894s. 11, s. 4, s. 5A, s. 6
Maharashtra Regional Town Planning Act, 1966s. 126, s. 37(1)
Mumbai Municipal Corporation Act, 1888s. 291, s. 296, s. 61(m), s. 63, s. 90(1), s. 90(3), s. 91
Reserve Bank of India v. Peerless General Finance and Investment Co. Ltd. & Anr. (1987) 1 SCC 424

Subjects

land acquisitionpublic intereststatutory interpretationharmonious constructioncolourable exercise of powerdevelopment planmunicipal corporationMRTP ActMMC Actprocedural compliance

Judgment

[2022] 19 S.C.R. 1045 1045

DR. ABRAHAM PATANI OF MUMBAI & ANR. A
v.
THE STATE OF MAHARASHTRA & ORS.
(Civil Appeal No.5929 of 2022)
SEPTEMBER 02, 2022 B
[SURYA KANT AND ABHAY S. OKA, JJ.]
Maharashtra Regional Town Planning Act, 1966 – ss. 37(1),
126- Mumbai Municipal Corporation Act, 1888 - ss. 61(m), 63,
90(1) & (3), 91, 291, 296- Land Acquisition Act, 1894 – ss. 4, 5A,
C
6, 11-Land Acquisition – Conflict between two statutes – Harmonious
Construction – Public Interest – Colourable exercise of power-
Appellants opposed the construction of road on their land by
Respondent No. 2 (Municipal Corporation of Mumbai) proposed
in Development Plan (DP) - Respondent No. 1 issued a directive
under S. 37(1) of Act, 1966 acknowledging the need for a D
connecting road but stating that it was “not feasible” to pursue
construction of an 18.30 metre road through the Appellants’ land –
Respondent No. 2 renewed the proposal to have the link road
constructed through Appellants’ land under Sec. 126 of the MRTP
Act and ss. 90(1) & (3) of the Mumbai Municipal Corporation Act
E
(MMC) – To acquire appellants’ land, Office of the Chief Engineer
(Development Plan) forwarded an application to Respondent No. 1
seeking to initiate proceedings under Land Acquisition Act,1894 -
Appellants filed a Notice of Motion in the already pending Writ,
seeking to restrain Respondent No. 2 - Notice dismissed by the High
Court - Acquisition exercise under the LAA was put in motion - F
Respondent No. 10 and 11 issued notifications under ss. 4 and 6 of
the LAAct directing that Appellants’ land be acquired in public interest
- Appellants’ interim prayer for status quo vis-à-vis the property was
rejected by the High Court – High Court through the final judgment
affirmed the need to acquire Appellants’ land for construction of
G
the link road in public interest- High Court held that MMC Act
conferred Respondent No. 2 with the power to acquire land and
build a new road which required neither prior permission from the
State Govt., nor for the road itself to be reflected in the DP- MMC
Act and MRTP Act are distinct, and the powers granted to
Respondent No. 2 under the former would not be impliedly repealed H
1045
1046 SUPREME COURT REPORTS [2022] 19 S.C.R.

A by the latter merely because it was a subsequent statute- Whether
there is conflict between MMC and MRTP Act - Held: Merely because
both statutes are concerned with land acquisition, may not
necessarily result in conflict between them- Court’s endeavour shall
always be to harmoniously construct such provisions so that the
legislative intent underlying both statutes can be fulfilled - There is
B
no direct or indirect bar on the exercise of powers under ss. 91,
291(a), and 296 of the MMC Act. - Not only does the State Govt.
first evaluate the application under S. 91, but S. 5A of LAA also
permits the landowners themselves to air their grievances -The two
statutes exist side-by-side with some degree of overlap- Procedural
C rules must not be allowed to defeat the basic purpose of a statute -
In several situations, the needs of the many must outweigh that of
the few- Notion of public interest will necessarily reflect the
specificities of the situation at hand-the present case to be an
appropriate instance where public interest must have paramountcy
over private interest-The procedure contemplated under Section 91
D
of the MMC Act to commence proceedings under the LAA for
procuring land was substantially complied with- Respondent No. 2
validly exercised its powers under the MMC Act to direct the
acquisition of the Appellants’ land.
Dismissing the appeal, the Court
E
HELD: 1.1 Under the MMC Act, the power to make a new
public street is derived from S. 291. For the purpose of making a
new street, S. 296 of the Act empowers the Commissioner to
acquire land, subject to fulfilment of the conditions stipulated in
Ss. 90-92. There is certain degree of overlap between these
F provisions, and S. 37 of the MRTP Act as they deal with
procurement of land. The latter is relevant in the context of a DP
whereas the MMC Act regulates the manner in which the Mumbai
Municipal Corporation operates. Merely because both statutes
are concerned with land acquisition, may not necessarily result
G in conflict between them. [Paras 23-24][1064-C-D, E-F]
1.2 Provisions of one statute should not be construed or
interpreted in a manner that they render redundant the provisions
in another statute. The Court’s endeavour shall always be to
harmoniously construct such provisions so that the legislative
H
DR. ABRAHAM PATANI OF MUMBAI & ANR. v. 1047
THE STATE OF MAHARASHTRA & ORS.

intent underlying both statutes can be fulfilled. When the A
legislature knowingly allows two statutes to operate in
the same space, it is a reasonable presumption that the legislative
design would have been for both to remain operative without any
overriding effect. The Court shall steer two statutes away from a
direct collision with each other, even if their areas of operation
B
are broadly similar. [Paras 26 & 29][1065-A; 1067-C]
1.3 External statutes or alternate schemes/plans under the
MRTP Act or otherwise, should not be allowed to frustrate the
DP or the overall objective of planned development under the
MRTP Act. As the DP is the primary means of achieving the
purpose of the MRTP Act, any violence done to the former would C
necessarily affect the latter. Conversely, if the former is left
essentially undisturbed then it cannot be said that the spirit and
scheme of the MRTP Act has not been honoured. The
construction of the link road in the present case does not, in any
way, frustrate the DP or defeat the overall objective of the statute. D
Only in instances where a requirement of the DP is being
abrogated that a conflict arises and the observations in Girnar
Traders 2011 and Manohar Joshi become relevant. [Paras 36 and
37][1069-F-G; 1070-A-C]
1.4 The court rejects the contention of the Appellants that E
the only means by which the link road through their property
could have been constructed was through an amendment to the
DP under S. 37 of the MRTP Act. Respondent No. 2 had the option
to either follow the procedure under the MRTP Act, or to invoke
the parallel process provided under Ss. 91, 291(a) and 296 of the
MMC Act. [Para 43][1071-E] F

2.1 The court also does not find merit in the argument that
Respondent No. 2’s resort to the MMC Act constitutes a
colourable exercise of power. Once we have ascertained that the
two legislations in question, the MRTP Act and the MMC Act,
exist in separate spheres with only incidental overlap, the G
possibility of a colourable exercise of power by Respondent No.
2 falls away. There is no direct or indirect bar on the exercise of
powers under S.s 91, 291(a), and 296 of the MMC Act. Merely

H
1048 SUPREME COURT REPORTS [2022] 19 S.C.R.

A because a right to object to a modification of a DP exists under S.
37 of the MRTP Act does not automatically give it an ascendant
position in the hierarchy that Appellants seek to create between
the MRTP Act and the MMC Act. It is up to the legislature to
determine the amount of discretion that is accorded to the relevant
B authorities under each statute. [Paras 44, 45 & 47][1071-F; 1072-
A-B. E]
2.2 Closer reading of the MMC Act and the LAA shows
that there are adequate safeguards available and, in the facts of
the case, Appellants were given ample opportunity to object to
C the proposed expropriation of their land. Mechanism for hearing
objections is provided under S.5A of the LAA. Not only does the
State Govt. first evaluate the application under S. 91, but S.5A of
LAA also permits the landowners themselves to air their
grievances. Decision by the appellants to stick to their position
in terms of the notification and award being non-est due to the
D pendency of their WP at the High Court cannot entitle them to
now argue that they were treated unfairly in the proceedings under
the LAA. [Paras 48, 50, 51 & 57][1072-F-G; 1073-B, H; 1077-B]
3.1 Procedural rules must not be allowed to defeat the basic
purpose of a statute or hamper the pursuit of justice unless
E
violation of the procedure would itself amount to grave injustice.
Rigid adherence to the notion that the Commissioner can be the
only official to actually send an application under S. 91 may not be
warranted in all scenarios. [Paras 64 and 70][1078-F; 1081-A-B]
3.2 Consequence in both scenarios, whether the
F
Commissioner or some other official acts under the provision,
would be that land acquisition proceedings are commenced under
the LAA. None of the appellants’ rights are abrogated by the
Chief Engineer making the application under S. 91. Legislative
intent of ss. 126 and 127 which was to balance the power of the
G State of ‘eminent domain’. [Paras 71 & 73][1081-C-D; 1083-F]
3.3 S.91 imposes a statutory responsibility on Respondent
No. 3, the Commissioner, to initiate the land acquisition process.
Commissioner must apply his/her mind and take a conscious

H
DR. ABRAHAM PATANI OF MUMBAI & ANR. v. 1049
THE STATE OF MAHARASHTRA & ORS.

decision in favour of the acquisition proceedings being initiated A
under the LAA. Once the Commissioner is party to the Ministerial
Committee and a determination is made by the Committee that a
new public street must be laid and land must be acquired for this
purpose under S. 91 of the MMC Act read with the LAA, it is no
longer consequential which authority conveys this decision. The
B
conclusion that the land is required for the construction of the
road cannot be invalidated on this ground. [Para 78][1085-F-G]
3.4The court is inclined to hold and affirm that there has
been substantial compliance with S.91 to the extent that it
achieves the objective behind the provision. Undoubtedly,
Respondent No.3 would have been a participant in the C
deliberations on whether to initiate the process under S. 91 for
procurement of land. The final application was made only after
gaining approval from him and the rest of the Committee. Purpose
behind the provision of ensuring that the highest-ranking officer
in the municipal corporation is privy and amenable to the D
acquisition proceedings is achieved by his participation and sign
off on the action, regardless of whether he personally sends the
application. The court, therefore, holds that once the proposal
has been approved by the Commissioner, the lack of a formal
signature from him on the eventual application is not a serious
defect and cannot annul the entire process that followed. The E
court is satisfied that S.91 of the MMC Act has been substantially
complied with in this case. [Paras 80, 81, 84 & 85][1086-F-G;
1087-A; 1088-E-F]
3.5 There is no indication in S. 91 of the MMC Act that the
order of the State Govt. to carry out the land acquisition is F
supposed to be in a specific form. The court has no hesitation in
taking a pragmatic and practical approach to this requirement.
The fact that all the steps under the LAA were carried out is
sufficient evidence that there has been adherence to the spirit
and scheme of S.91 regarding Respondent No. 1 being involved G
and sanctioning the actions of Respondent Nos. 10 & 11. There
has been substantial compliance with the provision and the
objective underlying it has been honoured. [Paras 87, 88 &
89][1089-B-C, E-F]

H
1050 SUPREME COURT REPORTS [2022] 19 S.C.R.

A 4.1 In a democratic society governed by the rule of law, the
rights of an individual carry immense importance and are the
foundational blocks on which our legal, social, and political milieu
thrives. Under no circumstances should the rights of individual
citizens be trodden upon arbitrarily and any curtailment of them
must be scrutinized with utmost care. In several situations, the
B
needs of the many must outweigh that of the few. Notion of public
interest will necessarily reflect the specificities of the situation
at hand. In the present case, the public interest which has been
emphasized upon by Respondents is the urgent need for the
creation of a connecting road through the Appellants’ property.
C The need stems from the traffic congestion caused on the route
from the Mahakali Caves to the Central MIDC. [Paras 90, 91 &
95][1089-H; 1090-A-B; 1091-E]
4.2 The court finds that Respondent No. 2 validly exercised
its powers under the MMC Act to direct the acquisition of the
D Appellants’ land. In court opinion, the two statutes exist side-by-
side with some degree of overlap. The powers under the MMC
Act remain intact even in cases where they cover a subject that
is also provided for in the MRTP Act. Procedure contemplated
under Section 91 of the MMC Act to commence proceedings
under the LAA for procuring land was substantially complied with.
E Part of the provision relied upon by the Appellants is directory in
nature and requires substantial compliance rather than strict
compliance. This Court dismisses the present appeal as being
devoid of merit. [Paras 100, 101 & 103][1093-B-D, F]
Girnar Traders v. State of Maharashtra [2007] 7 SCC
F 555 : [2007] 9 SCR 383 – distinguished.
Girnar Traders v. State of Maharashtra & Ors. [2011]
3 SCC 1 : [2011] 3 SCR 1; Manohar Joshi v. State of
Maharashtra & Ors. [2012] 3 SCC 619; The Chief
Inspector of Mines & Ors. v. Lala Karam Chand Thapar
G & Ors [1962] 1 SCR 9; Anwar Hasan Khan v. Mohd.
Shafi [2001] 8 SCC 540; Sonapur Tea Co. Ltd. v. Must.
Mazirunnessa [1962] 1 SCR 724; Olga Tellis & Ors. v.
Bombay Municipal Corporation & Ors. [1985] 3 SCC

H
DR. ABRAHAM PATANI OF MUMBAI & ANR. v. 1051
THE STATE OF MAHARASHTRA & ORS.

545 : [1985] 2 Suppl. SCR 51; C.B. Gautam v. Union A
of India & Ors. [1993] 1 SCC 78 : 1992 [ 3] Suppl.
SCR 12; Sangram Singh v. Election Tribunal, Kotah &
Anr [1955] 2 SCR 1; Ghanshyam Dass v. Dominion of
India [1984] 3 SCC 46 : [1984] 3 SCR 229; Sugandhi
v. P. Rajkumar [2020] 10 SCC 706; State of U.P. &
B
Ors. v. Babu Ram Upadhya [1961] 2 SCR 679; Reserve
Bank of India v. Peerless General Finance and
Investment Co. Ltd. & Anr [1987] 1 SCC 424 : [1987]
2 SCR 1; S. Gopal Reddy v. State of A.P [1996] 4 SCC
596 : [1996] 3 Suppl. SCR 439; Sharif-ud-din v. Abdul
Gani Lone [1980] 1 SCC 403; Harakchand Misirimal C
Solanki & Ors. v. The Collector & Ors 2008 SCC
OnLine Bom 1067; Manimegalai v. Special Tehsildar
[2018] 13 SCC 491; B.P. Sharma v. Union of India &
Ors [2003] 7 SCC 309; Bihar Public Service Commission
v. Saiyed Hussain Abbas Rizwi & Anr [2012] 13 SCC
D
61; Ramilila Maidan Incident v. Home Secretary, Union
of India & Ors [2012] 5 SCC 1; K.T. Plantation Pvt.
Ltd. & Ors. v. State of Karnataka [2011] 9 SCC 1 –
referred to.
Case Law Reference
E
[2011] 3 SCR 1 referred to Para 17
[2007] 9 SCR 383 distinguished Para 17
[1962] 1 SCR 9 referred to Para 27
[1962] 1 SCR 724 referred to Para 44 F
[1992] 3 Suppl. SCR 12 referred to Para 48
[1985] 2 Suppl. SCR 51 referred to Para 48
[1955] 2 SCR 1 referred to Para 65
[1984] 3 SCR 229 referred to Para 66 G
[1961] 2 SCR 679 referred to Para 68
[1987] 2 SCR 1 referred to Para 76
[1996] 3 Suppl. SCR 439 referred to Para 77
H
1052 SUPREME COURT REPORTS [2022] 19 S.C.R.

A CIVIL APPELLATE JURISDICTION: Civil Appeal No. 5929
of 2022.
From the Judgment and Order dated 30.05.2022 of the High Court
of Judicature at Bombay in Writ Petition No. 3060 of 2002.
Shyam Divan, Sr. Adv., V. Giri, Jonathan Solomon, Vikas Mehta,
B Tapan Masta, Rajat Sehgal, Ms. Soniya Putta, Adith Gupta, Advs. for
the Appellants.
Girish Godbole, Shekhar Naphade, Sr. Advs., Mrs. B. Sunita Rao,
Gunmaya S. Mann, E. C. Agrawala, Ms. Aishwarya Bhati, Farah
Hashmi, Dr. Prashant Pratap, Kumar Mitakshara, Sunil Murarka, Pankaj
C Agrawal, Rajesh Kumar, Siddhant Sahay, S.C. Dharmadhikari, Aniruddha
Joshi, Shashibhushan P. Adgaonkar, Omkar J. Deshpande, Advs. for the
Respondents.
The Judgment of the Court was delivered by

D SURYA KANT, J,
1. Leave Granted.
2. This appeal arises from the judgment dated 30.05.2022 passed
by the Bombay High Court dismissing the Appellants’ Writ Petition in
which they had sought to quash a series of resolutions passed by
E Respondent No. 2, as well as notifications and a final award of
compensation under the Land Acquisition Act, 1894 (“LAA”) issued by
Respondent Nos. 10 & 11, which cumulatively resulted in acquisition of
parts of the Appellants’ property for construction of a new road.
A. FACTS
F 3. The genesis and course of the present dispute spans several
decades and includes one prior round of litigation before this Court. The
crux of the matter arises from the opposition by Appellants to the
construction of a road through their property by Respondent No. 2, the
Municipal Corporation of Mumbai. The property in question was acquired
G by the Appellants in 1959, and a building known as the “INGA Building”
was constructed on it in 1965.
4. The possibility of having a road through the Appellants’ land
was floated initially in a Development Plan (“DP”) of 1976. After this,
the road was realigned in 1984 in order to secure smooth passage through
H Appellants’ land. Appellants raised objections in this regard in 1992 and
DR. ABRAHAM PATANI OF MUMBAI & ANR. v. 1053
THE STATE OF MAHARASHTRA & ORS. [SURYA KANT, J,]

the planned road was deleted from the DP via notification dated A
12.11.1992 issued by Respondent No. 1.
5. During this period, various complaints were allegedly received
from residents in surrounding areas regarding the need for a road in
order to connect the Mahakali Caves with the Central Industrial District.
Respondent No. 1 issued a directive under Section 37(1) of the B
Maharashtra Regional Town Planning Act, 1966 (“MRTP Act”) on
07.06.1993, acknowledging the need for a connecting road but stating
that it was “not feasible” to pursue construction of an 18.30 metre road
through the Appellants’ land. Thus, Respondent No. 2 was instructed to
analyse the legal and technical aspects of the project before submitting C
a proposal for setting up the road with minor modifications in the DP
under Section 37 of the MRTP Act.
6. Meanwhile, Appellants completed construction of a bungalow
on their land in 1994. However, subsequent sanctions sought by the
Appellants for further buildings were rejected by the Municipal D
Corporation on the ground that a proposal for creation of a link road
through the property was under consideration.
7. Respondent No. 2 eventually passed Resolution No. 651 on
10.09.1996 that renewed the proposal to have the link road constructed
through Appellants’ land. Two further resolutions were then passed: a) E
Resolution No. 39 dated 18.08.1998 by the Improvement Committee
affirming the proposal for the link road; b) Resolution No. 536 on
08.12.1998 by Respondent No. 2 under Sec. 126 of the MRTP Act and
Secs. 90(1) & (3) of the Mumbai Municipal Corporation Act (“MMC
Act”) for the acquisition of land in order to build the new road line.
F
8. The Office of the Chief Engineer (Development Plan) forwarded
an application to Respondent No. 1 on 05.02.1999 seeking to initiate
proceedings under the LAA. Appellants filed protestations before the
state authorities claiming that the dimensions and route for the link road
would touch the buildings that had been constructed by them. Given
G
these continuing disputes, Respondent No. 2 eventually passed Resolution
No. 1167 on 09.03.2001 which noted that there were three other road
lines that connected the Mahakali Caves with the Central MIDC.
Consequently, it was concluded that an additional road through Appellants’
property was redundant.
H
1054 SUPREME COURT REPORTS [2022] 19 S.C.R.

A 9. Private Respondents, Nos. 6-9, challenged this decision before
the HC in WP No. 1072 of 2001. While this was pending, Respondent
No. 2 proposed to reconsider Resolution No. 1167. Appellants filed a
Notice of Motion in the already pending WP, seeking to restrain
Respondent No. 2 from once again tabling the motion to have a link road
through their land. This Notice was dismissed by the High Court on
B
18.10.2002 with liberty granted to Respondent No. 2 to reconsider the
decision made on 09.03.2001 but with a caveat that any fresh resolution
passed thereafter would only be given effect to after obtaining leave
from the Court.
10. Respondent No. 2 proceeded to pass Resolution No. 1117 on
C
28.10.2002 which withdrew Resolution No. 1167, and partially modified
the earlier resolution passed on 08.12.1998. The net result of this was
that the acquisition of Appellants’ land was sanctioned for building an
18.30 metre new road line. Appellants moved Writ Petition No. 3060 of
2002 challenging the renewal of the plan to construct the link road and
D seeking to quash three Resolutions: a) No. 651 on 10.09.1996; b) No.
536 on 08.12.1998; c) No. 1117 on 28.10.2002.
11. Meanwhile, the High Court disposed of WP No. 1072 of 2001
with the observation that after the passage of Resolution No. 1117, the
WP in question had become infructuous and the validity and legality of
E the Resolution would be decided by the High Court in the proceedings
initiated by Appellants.
12. During pendency of the Appellants’ WP, and pursuant to the
application of 05.02.1999, the acquisition exercise under the LAA was
put in motion. Respondent No. 10 and 11 issued notifications under
F Sections 4 and 6 of the LAA directing that Appellants’ land be acquired
in public interest. The award of compensation under Section 11 was
declared on 26.11.2007. Appellants consequently incorporated a challenge
to the notification under Sec. 6 and the award of compensation, into
their prayer in the pending Writ Petition.
G 13. Appellants’ interim prayer for status quo vis-à-vis the property
was rejected by the High Court and, being aggrieved by this denial, they
instituted SLP (Civil) No. 22849 of 2008 in which the Supreme Court
ordered that status quo be maintained as on 22.09.2008. The SLP
remained pending for over a decade until it was disposed of vide order
dated 05.12.2019 with a request to the High Court to finally decide the
H
DR. ABRAHAM PATANI OF MUMBAI & ANR. v. 1055
THE STATE OF MAHARASHTRA & ORS. [SURYA KANT, J,]

matter. The order of status quo was extended till the final judgment by A
the High Court.
14. Before the High Court, the Appellants assailed the entire land
acquisition process on broadly three grounds: a) The MRTP Act formed
a complete code for the purpose of town planning and development, and
hence, Respondent No. 2 could not resort to the provisions of the MMC B
Act to circumvent a DP that is approved under the MRTP Act. Instead,
it was mandatory to seek permission from Respondent No. 1 for
effectuating minor modifications in the DP under Section 37 of the MRTP
Act; b) In arguendo, the procedure under the MMC Act for land
acquisition had not been followed. Section 91 of the MMC Act required
Respondent No. 3 to initiate the process of acquiring land under Section C
296 for laying down a new road under Section 291. However, in this
case, the Office of the Chief Engineer had been the authority which
took the first step which was an incurable defect. Additionally, no
authorization had been granted by Respondent No. 1, as required under
Section 91 of the MMC Act; c) Appellants had not been given sufficient D
opportunity to voice their grievances in respect of Respondent No. 2’s
plan to build the link road through their land.
15. The Appellants’ Writ Petition was eventually dismissed vide
the impugned judgment whereby the High Court declined to quash the
various resolutions passed by Respondent No. 2, and the notification E
and award of compensation under the LAA. Thus, the High Court
affirmed the need to acquire Appellants’ land for construction of the link
road in public interest.
16. The Division Bench held: -
i) The acquisition of Appellants’ land and decision to lay a F
new road through it was taken pursuant to Sections 91,
291(a) and 296, of the MMC Act. The MMC Act conferred
Respondent No. 2 with the power to acquire land and build
a new road which required neither prior permission from
the State Govt., nor for the road itself to be reflected in the G
DP;
ii) The MMC Act and MRTP Act are distinct, and the powers
granted to Respondent No. 2 under the former would not
be impliedly repealed by the latter merely because it was a
subsequent statute. Rather, they would exist side-by-side
H
1056 SUPREME COURT REPORTS [2022] 19 S.C.R.

A and supplement each other in the areas where there was
an overlap of powers. Thus, Respondent No. 2 had the
option of either going through the MRTP Act or the MMC
Act and it had used its discretion to exercise the latter option;
iii) While it was true that the link road was not included in the
B DP after its deletion in 1992, this did not prevent Respondent
No. 2 from acting under the MMC Act. The MRTP Act
dealt with crafting of development plans at the macro level,
while Respondent No. 2 was at liberty to exercise its powers
under the MMC Act to iron out minute details and carry
out work that would be in furtherance of such a plan, such
C
as the construction of a link road;
iv) Sec. 37 of the MRTP Act which laid out a rigorous process
for making minor adjustments to a DP would not be relevant,
as Respondent No. 2 had acted under the MMC Act and
not the MRTP Act to facilitate the acquisition of land and
D
setting up of the road;
v) The requirements under Section 91 of the MMC Act had
been complied with. Even though the Office of the Chief
Engineer rather than Respondent No. 3 had forwarded the
letter to Respondent No. 10 seeking to initiate the land
E acquisition proceedings, this was only a minor defect that
would not invalidate the process;
vi) Respondent No. 1 had acceded to the steps taken by
Respondent Nos. 2 & 3 to acquire the Appellants’ land by
initiating the land acquisition proceedings under the LAA
F through Respondent Nos. 10 & 11, which showed that it
was in agreement with the need for obtaining the property
for the link road;
vii) There was a clear and urgent need for building the road to
alleviate traffic congestion in the area caused by the lack
G of a connector from the Mahakali Caves to the Central
MIDC. Thus, public interest would have to trump the private
interests of Appellants.
It is in this context that Appellants have approached this Court for
the second time.
H
DR. ABRAHAM PATANI OF MUMBAI & ANR. v. 1057
THE STATE OF MAHARASHTRA & ORS. [SURYA KANT, J,]

B. SUBMISSIONS A
17. Mr. Shyam Divan & Mr. V. Giri, learned Senior Counsels for
the Appellants, have raised the following contentions while assailing the
impugned judgment: -
i) The DP under the MRTP Act holds a position of primacy.
It is not possible for Respondent No. 2 to act on its own B
initiative in proposing construction of a road when the road
itself is not reflected in the DP. Respondent No. 1 had already
made its opinion on the matter clear by deleting the road
from the overall DP through a notification on 12.11.1992,
and had then suggested that Respondent No. 2 re-examine C
the issue in its Directive under Section 37 of the MRTP
Act, dated 07.06.1993;
ii) Section 31 of the MRTP Act provides the entire process by
which a DP is finalized and sanctioned. The overall scheme
under Section 31 envisages a consultative process with the
D
general public whereby objections and suggestions are invited
and considered. Respondent No. 2 has taken away the right
accorded under Section 31 to object to aspects of the plan by
circumventing it by way of a resolution under the MMC Act;
iii) The High Court’s ruling permits a subordinate authority, the
Municipal Corporation, to subvert the State Government’s DP. E
This would cause violence to the mandate of the MRTP Act;
iv) Given the hierarchy established between the MRTP Act
and the MMC Act, Respondent No. 2’s usage of provisions
of the latter to do what cannot be done under the former, is
merely a colourable exercise of power; F
v) The MRTP Act is a complete code that provides for every
aspect of formulating, modifying, and finalizing a DP. Any
actions taken under either the MCC Act or the LAA, to
acquire land and use it for any purpose that is not expressly
sanctioned in the DP, are illegal. Reliance is placed on G
Girnar Traders v. State of Maharashtra & Ors. (“Girnar
Traders 2011”) 1 and Manohar Joshi v. State of
Maharashtra & Ors.2
1
(2011) 3 SCC 1.
2
(2012) 3 SCC 619. H
1058 SUPREME COURT REPORTS [2022] 19 S.C.R.

A vi) Permitting a Municipal Corporation to act outside of a DP
will create a chaotic situation and facilitate unbridled usage
of the powers under the relevant municipal corporation
statute. Such discretion cannot be accorded to a municipal
corporation to act outside the contours of the relevant DP;
B vii) Even under the MMC Act, the requirement of Respondent
No. 3 initiating the process under Section 91 has not been
fulfilled. The minimum safeguard provided under Section
91 is for the municipal commissioner himself/herself to at
least apply his/her mind to the proposal and then make an
application to the State Govt. under Section 91. These are
C not minor defects but basic protections under the MMC
Act and must be construed strictly. The judgment in Girnar
Traders v. State of Maharashtra (“Girnar Traders
2007”)3 is cited in this regard;
viii) Notwithstanding the aforementioned defect, Section 91 of
D the MMC Act requires the State Govt., upon receipt of an
application for the acquisition of land, to authorize the
initiation of proceedings under the LAA. No such
authorization has been granted in this case and the DP does
not provide for the road in any case.
E ix) Resolution No. 1167 had explicitly noted that the proposed
road seemed to be for the benefit of private individuals,
Respondent Nos. 4-9, and was not for any discernible public
interest.
18. Arguing in support of the impugned judgment, learned Counsel
F Mr. Girish Godbole, appearing for Respondent Nos. 2 & 3, learned Senior
Counsel, Mr. Shekhar Naphade, appearing for Respondent Nos. 6-9,
alongside learned Counsel Mr. S.C. Dharmadhikari, appearing for
Respondent Nos. 4 & 5, have placed the following submissions:
i) Sanction for construction of the link road was obtained via
G three resolutions: i) No. 651 on 10.09.1996; ii) Resolution
No. 39 by the Improvement Committee on 18.08.1998; iii)
Resolution No. 536 of 08.12.1998 which was a composite
resolution under Section 126 of the MRTP Act, and Section

3
H (2007) 7 SCC 555.
DR. ABRAHAM PATANI OF MUMBAI & ANR. v. 1059
THE STATE OF MAHARASHTRA & ORS. [SURYA KANT, J,]

90(1) & (3) of the MMC Act. Mr. Godbole clarifies that A
the third resolution was, in effect, under Section 91 of the
MMC Act and the mention of Section 90 is merely a
typographical error;
ii) In terms of authorization required from Respondent No. 1
for carrying out the acquisition process, Sections 4 & 6 of B
the LAA provide that the State Govt. is the party that initiates
the process of issuing a notification and then declaring that
a parcel of land is needed for a public purpose. Hence, the
steps taken subsequently under the LAA demonstrate that
the State Govt. was ad idem with the municipal corporation
on the need to procure Appellants’ land; C

iii) Section 91 of the MMC has been complied with. The fact
that the Office of the Chief Engineer forwarded the
application to the State Govt. is inconsequential as the action
is a formality. The Commissioner was part of the Ministerial
Committee where the decision regarding Appellants’ land D
was taken and the application was only made after accruing
the approval of the committee, including the Commissioner;
iv) The MMC Act and MRTP Act operate in completely
different fields and co-exist simultaneously. If the State
legislature intended to erode the powers under the MMC E
Act, it would have included provisions to that effect.
v) Resort to Sections 91, 291(a) and 296 of the MMC Act as
the mode of acquisition was ideal for Appellants as they
would receive compensation via the statutory mechanism
under the LAA. Moreover, the plan for the road, as proposed F
by Respondent No. 2, does not impact the buildings
constructed on the land. Hence, no substantial prejudice is
caused to Appellants;
vi) The directive dated 07.06.1993 cannot be classified as
coming under Section 37 of the MRTP Act. The State Govt. G
merely suggested that Respondent No. 2 reconsider the
technical and legal aspects of the proposed link road after
which no further steps were taken. There was no express
modification directed to be made, and this was merely part
of the process of revisions and consideration of the DP.
H
1060 SUPREME COURT REPORTS [2022] 19 S.C.R.

A vii) Appellants’ conduct and the manner in which they had the
buildings on the land constructed in defiance of an
undertaking that was given to the state authorities, disentitles
them to any relief on equitable grounds. Further, their
repeated representations directly to the State authorities
and attempts to manipulate the road construction show mala
B
fide intent;
viii) The link road is in public interest, and such a consideration
must override private interest.
19. Learned senior counsel, Mr. Divan, countered Respondents’
C submissions in his rejoinder by raising the following points:
i) The Resolution of 08.12.1998 was under Section 90 of the
MMC Act which is for acquisition by consent. There was
neither consent for acquisition nor any separate resolution
under Section 91 of the MMC Act that was passed by
D Respondents. Even if the submission by Mr. Godbole that
this was essentially a resolution under Section 91 is to be
accepted, the subsequent Resolution No. 1167 of 09.03.2001,
and letter dated 14.03.2001 by Respondent No. 2, expressly
noted there was no need for a road to be built through
Appellants’ property. Hence, this nullified any purported
E decision that may have been taken under Section 91 in the
resolution dated 08.12.1998.
ii) The argument regarding disentitlement to relief on equitable
grounds is unfounded, since it is the municipal corporation
that has repeatedly changed its stance on the need for the
F link road;
iii) The affidavit submitted by Vyaravali Village Development
Assn. before the High Court in the WP filed by Respondent
Nos. 6-9, shows that there was a clear application of mind
to the issue of constructing the link road. Resolution No.
G 1167 was the product of these deliberations. Thus, no claim
of manipulation and mala fides can be raised against
Appellants.
iv) Having devoted our earnest attention to the submissions
advanced by both sides, and after perusing the record, we
H now proceed to consider the issues that have been raised.
DR. ABRAHAM PATANI OF MUMBAI & ANR. v. 1061
THE STATE OF MAHARASHTRA & ORS. [SURYA KANT, J,]

C. ANALYSIS A
C.1. Interplay between the MRTP Act and the MMC Act
20. The primary issue that emerges from the arguments raised by
the parties is with regard to the interaction between the MRTP Act and
the MMC Act. Specifically, the Appellants posit that the procedure under
Section 37 of the MRTP Act for amendment of a DP is the sole method B
by which construction that is not provided for within the DP can
subsequently be authorized.
21. Section 37 of the MRTP Act (relevant part) sets out the
following process:
C
37. Modification of final Development plan
(1) Where a modification of any part of or any proposal made
in, a final Development plan * * *, the Planning Authority
may, or when so directed by the State Government [shall,
within ninety days from the date of such direction, publish a D
notice] in the Official Gazette [and in such other manner as
may be determined by it] inviting objections and suggestions
from any person with respect to the proposed modification
not later than one month from the date of such notice ; and
shall also serve notice on all persons affected by the proposed
modification and after giving a hearing to any such persons, E
submit the proposed modification (with amendments, if any,)
[to the State Government for sanction within one year from
the date of publication of notice in the Official Gazette. If
such modification proposal is not submitted within the period
stipulated above, the proposal of modification shall be deemed F
to have lapsed:
Provided that, such lapsing shall not bar the Planning
Authority from making a fresh proposal.]
[(1A) If the Planning Authority fails to issue the notice as
directed by the State Government, the State Government shall G
issue the notice, and thereupon the provisions of sub-section
(1) shall apply as they apply in relation to a notice to be
published by a Planning Authority.]
[(1AA)(a) Notwithstanding anything contained in sub-sections
(1), (1A) and (2), where the State Government is satisfied H
1062 SUPREME COURT REPORTS [2022] 19 S.C.R.

A that in the public interest it is necessary to carry out urgently
a modification of any part of, or any proposal made in, a
final Development plan of such a nature that it will not change
the character of such Development plan, the State Government
may, on its own, publish a notice in the Official Gazette, and
in such other manner as may be determined by it, inviting
B
objections and suggestions from any person with respect to
the proposed modification not later than one month from the
date of such notice and shall also serve notice on all persons
affected by the proposed modification and the Planning
Authority.
C (b) The State Government shall, after the specified period,
forward a copy of all such objections and suggestions to the
Planning Authority for its say to the Government within a
period of one month from the receipt of the copies of such
objections and suggestions from the Government.
D (c) The State Government shall, after giving hearing to the
affected persons and the Planning Authority and after making
such inquiry as it may consider necessary and consulting the
Director of Town Planning, by notification in the Official
Gazette, publish the approved modifications with or without
E changes, and subject to such conditions as it may deem fit, or
may decide not to carry out such modification. On the
publication of the modification in the Official Gazette, the
final Development plan shall be deemed to have been modified
accordingly.]

F 22. As opposed to this, Respondents have attempted to make a
case that the power vested in the municipal corporation under Sections
91, 291(a), and 296 of the MMC Act, are unaffected by Section 37 of
the MRTP Act. The interpretation of the three provisions comprise the
crux of the present case and they are reproduced below (relevant part):

G 91. Procedure when immoveable property cannot be acquired
by agreement.
(1) Whenever the Commissioner is unable to acquire any
immovable property under the last preceding section by
agreement [the [State] Government] may, in their discretion,
upon the application of the Commissioner, made with the
H
DR. ABRAHAM PATANI OF MUMBAI & ANR. v. 1063
THE STATE OF MAHARASHTRA & ORS. [SURYA KANT, J,]

approval of [the Improvements Committee] [and subject to A
the other provisions of this Act] order proceedings to be taken
for acquiring the same on behalf of the corporation, as if
such property were a land needed for a public purpose within
the meaning of the Land Acquisition Act, 1870.*
(2) The amount of compensation awarded and all other B
charges incurred in the acquisition of any such property shall,
subject to all other provisions of this Act, be forthwith paid by
the Commissioner and thereupon the said property shall vest
in the corporation.
x————————————x————————————x C
291. Power to make new public streets
The Commissioner, when authorised by the corporation in this
behalf may at any time—
(a) lay out and make a new public street;
D
(b) agree with any person for the making of a street for public
use through the land of such person, either entirely at the
expense of such person or partly at the expense of such person
and partly at the expense of the corporation, and that such
street shall become, on completion, a public street;
E
[(c) declare any street made under an improvement scheme
duly executed in pursuance of the provisions of the City of
Bombay Improvement Act, 1898, or the City of Bombay
Improvement Trust Transfer Act, 1925, to be a public street.]
x————————————x————————————x
F
296. Power to acquire premises for improvements of public
street
(1) The Commissioner may, subject to the provisions of section
90, 91 and 92—
(a) acquire any land required for the purpose of opening, G
widening, extending or otherwise improving any public street
or of making any new public street, and the buildings, if any
standing upon such land;
(b) acquire in addition to the said land and the buildings, if
any, standing, thereupon, all such land with the buildings, if H
1064 SUPREME COURT REPORTS [2022] 19 S.C.R.

A any, standing thereupon, as it shall seem expedient for the
corporation to acquire outside of the regular line, or of the
intended regular line, of such street;
(c) lease, sell or otherwise dispose of any land or building
purchased under clause (b).
B (2) Any conveyance of land or of a building under clause (c)
may comprise such conditions as the Commissioner thinks
fit, as to the removal of the existing building, the description
of new building to be erected, the period within which such
new building shall be completed and other such matters.
C 23. Under the MCC Act, the power to make a new public street
is derived from Section 291. For the purpose of making a new street,
Section 296 of the Act empowers the Commissioner to acquire land,
subject to fulfilment of the conditions stipulated in Sections 90-92. For
our purposes, Section 91 is the consequential provision since Appellants’
D land could not, evidently, be acquired by agreement and had to be procured
under the terms of the procedure provided therein.
24. The entire scheme of land acquisition for the purpose of laying
a new road line is provided within the contours of Sections 91, 291(a)
and 296. There is undoubtedly a certain degree of overlap between these
E provisions, and Section 37 of the MRTP Act as they deal with procurement
of land. However, the latter is relevant in the context of a DP whereas
the MCC Act regulates the manner in which the Mumbai Municipal
Corporation operates. Moreover, merely because both statutes are
concerned with land acquisition, may not necessarily result in conflict
between them.
F
25. Learned Senior Counsels for the Appellants urged that the
interpretation of the provisions of the MRTP Act and MMC Act must be
such that actions under the latter could only be taken if sanction and
approval for them had been obtained under the MRTP Act. While it is true
that the respective provisions in both Statutes deal with the method for
G procuring land in public interest, there is nothing contained within them
which explicitly or impliedly makes them subject to one another. A bare
reading indicates that they operate in distinctive fields which may not
always be co-dependent. Appellants’ interpretation amounts to curtailing
the power that Respondent No. 2 would have otherwise been able to
exercise under the MMC Act, outside the contours of the MRTP Act.
H
DR. ABRAHAM PATANI OF MUMBAI & ANR. v. 1065
THE STATE OF MAHARASHTRA & ORS. [SURYA KANT, J,]

26. It is well settled that provisions of one statute should not be A
construed or interpreted in a manner that they render redundant the
provisions in another statute. The Court’s endeavour shall always be to
harmoniously construct such provisions so that the legislative intent
underlying both statutes can be fulfilled.
27. In The Chief Inspector of Mines & Ors. v. Lala Karam B
Chand Thapar & Ors.4 the Court had reconciled a seeming contradiction
between the Mines Act, 1923, and the General Clauses Act, through a
harmonious construction of the provisions in the two Acts:
“13. If the words of s. 31(4) are construed to mean that the
regulations became part of the Act to the extent that when the C
Act is repealed, the regulations also stand repealed, a conflict
at once arises between s. 31(4) and the provisions of s. 24 of
the General Clauses Act. In other words, the Mines Act, 1923,
while saying in s. 31(4) that the repeal of the Act will result in
the repeal of the regulations, will be saying, in the provisions
of s. 24 of the General Clauses Act as read into it, that on the D
repeal of the Act, when the Act is repealed and re-enacted,
the regulations will not stand repealed but will continue in
force till superseded by regulations made under the re-enacted
Act. To solve this conflict the courts must apply the rule of
harmonious construction… We have to seek therefore some E
other means of harmonising the two provisions. The
reasonable way of harmonising that obviously suggests itself
is to construe s. 31(4) to mean that the regulations on
publication shall have for some purposes, say, for example,
the purpose of deciding the validity of the regulations, the
same effect as if they were part of the Act, but for the purpose F
of the continuity of existence, they will not be considered part
of the Act, so that even though the Act is repealed, the
regulations will continue to exist, in accordance with the
provisions of s. 24 of the General Clauses Act. This
construction will give reasonable effect to s. 31(4) of the Mines
G
Act, 1923 and at the same time not frustrate the very salutary
object of s. 24 of the General Clauses Act. One may pause
here to remember that regulations framed under an Act are
of the very greatest importance. Such regulations are framed
4
(1962) 1 SCR 9. H
1066 SUPREME COURT REPORTS [2022] 19 S.C.R.

A for the successful operation of the Act. Without proper
regulations, a statute will often be worse than useless. When
an Act is repealed, but re-enacted, it is almost inevitable that
there will be some time lag between the re-enacted statute
coming into force, and regulations being framed under the
re-enacted statute. However efficient the rule making
B
authority may be it is impossible to avoid some hiatus between
the coming into force of the re-enacted statute and the
simultaneous repeal of the old Act and the making of
regulations. Often, the time lag would be considerable. Is it
conceivable that any legislature, in providing that regulations
C made under its statute will have effect as if enacted in the
Act, could have intended by those words to say that if ever the
Act is repealed and re-enacted (as is more than likely to
happen sooner or later), the regulations will have no existence
for the purpose of the re-enacted statute, and thus the re-
enacted statute, for some time at least, will be in many respects,
D
a dead letter. The answer must be in the negative. Whatever
the purpose be which induced the draftsmen to adopt this
legislative form as regards the rules and regulations that they
will have effect “as if enacted in the Act”, it will be strange
indeed if the result of the language used, be that by becoming
E part of the Act, they would stand repealed, when the Act is
repealed. One can be certain that that could not have been
the intention of the legislature. It is satisfactory that the words
used do not produce that result. For, if we apply the rule of
harmonious construction, as has been pointed out above, s.
31(4) does not stand in the way of the operation of s. 24 of the
F
General Clauses Act.”
28. The primacy of taking a harmonious construction was affirmed
in Anwar Hasan Khan v. Mohd. Shafi5 as well:
“8. It is settled that for interpreting a particular provision of
G an Act, the import and effect of the meaning of the words and
phrases used in the statute has to be gathered from the text,
the nature of the subject matter and the purpose and intention
of the statute. It is cardinal principle of construction of a statute
that effort should be made in construing its provisions by
5
H (2001) 8 SCC 540.
DR. ABRAHAM PATANI OF MUMBAI & ANR. v. 1067
THE STATE OF MAHARASHTRA & ORS. [SURYA KANT, J,]

avoiding the conflict and adopting a harmonious construction. A
The statute or rules made thereunder should be read as a
whole and one provision should be construed with reference
to the other provision to make the provision consistent with
the object sought to be achieved. The well known principle of
harmonious construction is that effect should be given to all
B
the provisions and a construction that reduce one of the
provisions to a “dead letter” is not harmonious construction.”
29. When the legislature knowingly allows two statutes to operate
in the same space, it is a reasonable presumption that the legislative
design would have been for both to remain operative without any
overriding effect, save and except when a contrary intent is explicitly C
provided. In other words, the Court shall steer two statutes away from a
direct collision with each other, even if their areas of operation are broadly
similar.
30. Learned Senior Counsel, Mr. Shyam Divan, has placed
substantial reliance on decisions of this Court in Girnar Traders 2011 D
and Manohar Joshi to advance the Appellants’ argument. In Girnar
Traders 2011 the issue under consideration was whether Section 11A6
of the LAA could be read into the MRTP Act’s scheme for acquisition
of land. Section 11A of the LAA provided a two-year time period within
which an award under Section 11 had to be made to individuals claiming E
compensation under the Act. Failure to do so would lead to the entire
land acquisition process lapsing.
31. It is in this context that the Constitution Bench of this Court
held that the MRTP Act is a self-contained code. It elaborated that mere
reference to certain provisions of the LAA would not result in the F
importation of the entire scheme of the said statute unto the MRTP Act.
The Court thus held:
6
11A. Period shall be which an award within made. –
The Collector shall make an award under section 11 within a period of two years
from the date of the publication of the declaration and if no award is made within that
period, the entire proceeding for the acquisition of the land shall lapse:
G
Provided that in a case where the said declaration has been published before the
commencement of the Land Acquisition (Amendment) Act, 1984 (68 of 1984), the
award shall be made within a period of two years from such commencement.
Explanation - In computing the period of two years referred to in this section, the
period during which any action or proceeding to be taken in pursuance of the said
declaration is stayed by an order of a Court shall be excluded.] H
1068 SUPREME COURT REPORTS [2022] 19 S.C.R.

A “84. The MRTP Act besides being a code in itself has one
pre- dominant purpose, i.e., planned development. Other
matters are incidental and, therefore, should be construed to
achieve that pre- dominant object. All the provisions of
the Land Acquisition Act cannot be applied to the MRTP Act.
The provisions of the MRTP Act have to be implemented in
B
their own field. As far as the provisions relating to preparation,
approval and execution of the development plans are
concerned, there is hardly any dependency of the State Act on
the provisions of the Land Acquisition Act. It may be necessary,
sometimes, to acquire land which primarily would be for the
C purpose of planned development as contemplated under the
MRTP Act. Some of the provisions of the State Act have
specifically referred to some of the provisions of the Land
Acquisition Act but for the limited purpose of acquiring land.
Thus, the purpose of such reference is, obviously, to take aid
of the provisions of the Central Act only for the purpose of
D
acquiring a land in accordance with law stated therein rather
than letting any provision of the Central Act hamper or
obstruct the principal object of the State Act, i.e. execution of
the planned development.”
(Emphasis Applied)
E 32. Unmistakably, the Constitution Bench’s objective was
safeguarding against the transposition of conditions under the LAA into
the MRTP Act. Allowing this to happen would have made the task of
achieving the object and purpose of the MRTP Act more onerous. The
crucial factor that weighed with the Court in that instance was that it
could not allow the LAA to “hamper or obstruct” the MRTP Act’s
F
primary goals.
33. A similar concern was deliberated upon by this Court in
Manohar Joshi (Supra). The Court in that case was inter alia dealing
with a conflict that arose between a DP and an earlier Town Planning
Scheme under Section 597 of the MRTP Act. The DP reserved the area
G 7
59. Making of town planning schemes.
[(1)] Subject to the provisions of this Act or any other law for the time being in
force—
(a) a Planning Authority may for the purpose of implementing the proposals in the
final Development plan 4[or in respect of any land which is likely to be in the course of
development or which is already built upon], prepare one or more town planning
H schemes for the area within its jurisdiction, or any part thereof ;…
DR. ABRAHAM PATANI OF MUMBAI & ANR. v. 1069
THE STATE OF MAHARASHTRA & ORS. [SURYA KANT, J,]

in question for the construction of a primary school whereas the town A
planning scheme had marked it as a residential zone.
34. While noting the express provision under Section 398 that a
town planning scheme would be subordinate to, and be suitably modified
to bring it in congruence with the DP, this Court held:
“84. As noted above, Section 39 specifically directs that the B
Planning Authority shall vary the TP Scheme to the extent
necessary by the proposals made in the final development
plan, and Section 59(1)(a) gives the purpose of the TP scheme
viz. that it is for implementing the proposals contained in the
final development plan. Under Section 31(6) of the Act, a C
development plan which has came into operation is binding
on the Planning Authority. The Planning Authority cannot act
contrary to the DP plan and grant development permission to
defeat the provision of the DP plan. Besides, it cannot be
ignored that a duty is cast on every Planning Authority
specifically under Section 42 of the Act to take steps as may D
be necessary to carry out the provisions of the plan referred
to in Chapter III of the Act, namely, the development plan.”
(Emphasis Applied)
35. Upon a close examination of these judgments, we fail to see
E
how they assist the Appellants’ case. In both instances, the concern was
regarding frustration of the DP by either importation of Section 11A of
the LAA into the scheme of the MRTP Act (Girnar Traders 2011), or
due to a conflict between the DP and the town planning scheme
(Manohar Joshi). Neither of these eventualities have arisen in the
present case. F
36. Even apart from that, the principle on which this Court
proceeded in the cases cited above is that external statutes or alternate
schemes/plans under the MRTP Act or otherwise, should not be allowed
to frustrate the DP or the overall objective of planned development under
G
8
39. Variation of town planning scheme by Development plan.
Where a final Development plan contains proposals which are in variation, or
modification of those made in a town planning scheme which has been sanctioned by
the State Government before the commencement of this Act, the Planning Authority
shall vary such scheme suitably under section 92 to the extent necessary by the proposals
made in the final Development plan. H
1070 SUPREME COURT REPORTS [2022] 19 S.C.R.

A the MRTP Act. As the DP is the primary means of achieving the purpose
of the MRTP Act, any violence done to the former would necessarily
affect the latter. Conversely, if the former is left essentially undisturbed
then it cannot be said that the spirit and scheme of the MRTP Act has
not been honoured.
B 37. The construction of the link road in the present case does not,
in any way, frustrate the DP or defeat the overall objective of the statute.
The motivation for building the connector is to alleviate traffic congestion
in the area caused due to the need for commuters to take a protracted
detour around the boundaries of Appellants’ property. It is only in instances
where a requirement of the DP is being abrogated that a conflict arises
C and the observations in Girnar Traders 2011 (Supra) and Manohar
Joshi (Supra) become relevant.
38. Moreover, the decision in Manohar Joshi (Supra) contains a
crucial distinguishing factor between the town planning scheme sought
to be effectuated in that case, and the proposed link road in the present
D instance. Under Section 39 of the MRTP Act, the town planning scheme
is expressly made subordinate to the DP. No such express provision has
been placed in either the MRTP Act or the MMC Act, to curtail the
powers of Respondent Nos. 2 & 3 under Sections 91, 291(a), and 296 of
the MMC Act.
E 39. In fact, the MMC Act under Section 61(m)9 mandates that
Respondent No. 2 take any lawful measures possible to provide for the
construction, maintenance, alteration, and improvement of public streets.
The wording of this provision is mandatory, in contrast to Section 6310 of
the MMC Act which grants discretion to the Municipal Corporation to
F make arrangements for the subjects listed thereunder, if it so chooses.

9
61. Matters to be provided for by the corporation.
It shall be incumbent on the corporation to make adequate provision, by any means
or measures which it is lawfully competent to them to use or to take, for each of the
following matters, namely :—
…
G
(m) the construction, maintenance, alteration and improvement of public streets,
bridges, culverts, causeways and the like 1[and also other measures for ensuing the safe
and orderly passage of vehicular and pedestrian traffic on streets];…
10
63. Matters which may be provided for by the corporation at their discretion.
The corporation may, in their discretion, provide from time to time, either wholly
or partly, for all or any of the following matters, namely :—
H …
DR. ABRAHAM PATANI OF MUMBAI & ANR. v. 1071
THE STATE OF MAHARASHTRA & ORS. [SURYA KANT, J,]

40. This Court should not, therefore, unduly erode the powers A
vested in Respondent No. 2 to carry out its statutory duties under Section
61. This is especially true in a case where the object and purpose of the
MRTP Act is left unaffected by the actions taken by the Municipal
Corporation.
41. In this background, we find significant merit in learned Counsel, B
Mr. Godbole’s argument, that the MRTP Act and the MMC Act exist in
separate spheres without any preconceived hierarchy. There may be
instances where there is overlap, such as when a DP is formulated for a
municipal area where the municipal corporation also exercises jurisdiction.
However, even in such a scenario the two statutes would exist side-by-
side and supplement each other. C
42. The exception to this, to borrow from Manohar Joshi (Supra),
would be where the actions taken by the municipal corporation or any
other external authority “defeat the provision of the DP plan”. In
such an eventuality the appropriate course of action would be to seek a
modification of the DP under the MRTP Act. D
43. For these reasons, we reject the contention of the Appellants
that the only means by which the link road through their property could
have been constructed was through an amendment to the DP under
Section 37 of the MRTP Act. Respondent No. 2 had the option to either
follow the procedure under the MRTP Act, or to invoke the parallel E
process provided under Sections 91, 291(a) and 296 of the MMC Act.
Respondent No. 2’s recourse to the latter cannot be said to defeat any
provision of the DP or be contrary to the scheme of the MRTP Act.
44. Having held as such, we also do not find merit in the argument
that Respondent No. 2’s resort to the MMC Act constitutes a colourable F
exercise of power. This Court in Sonapur Tea Co. Ltd. v. Must.
Mazirunnessa11 had characterized the colourable exercise of powers as:
“9…The doctrine of colorable legislation really postulates that
legislation attempts to do indirectly what it cannot do directly.
In other words, though the letter of the law is within the limits
G
of the powers of the Legislature, in substance the law has
transgressed those powers and by doing so it has taken the
precaution of concealing its real purpose under the cover of
apparently legitimate and reasonable provisions…”
11
(1962) 1 SCR 724. H
1072 SUPREME COURT REPORTS [2022] 19 S.C.R.

A 45. Once we have ascertained that the two legislations in question,
the MRTP Act and the MMC Act, exist in separate spheres with only
incidental overlap, the possibility of a colourable exercise of power by
Respondent No. 2 falls away. As elaborated above, there is no direct or
indirect bar on the exercise of powers under Sections 91, 291(a), and
296 of the MMC Act which are all in furtherance of Respondent No. 2’s
B
responsibilities under Section 61. The only exception to this would be in
those cases where a provision of the DP itself is being abrogated.
46. Mr. Divan, learned Senior Counsel for the Appellants, had
also raised an issue regarding the lack of appropriate safeguards under
the MMC Act as compared to the MRTP Act. He urged that the existence
C of the right to object by interested parties to amendments in a DP under
Section 37 of the MRTP Act was further backing for his contention that
the MRTP Act was a complete code and is meant to control the entire
field in regard to planned development. This, he argued, was in contrast
to Section 91 of the MMC Act which contains no such right of objection
D prior to the municipal corporation passing a resolution.
47. In our considered opinion, this does not advance Appellants’
case either. Merely because a right to object to a modification of a DP
exists under Section 37 of the MRTP Act does not automatically give it
an ascendant position in the hierarchy that Appellants seek to create
E between the MRTP Act and the MMC Act. It is up to the legislature to
determine the amount of discretion that is accorded to the relevant
authorities under each statute.
48. While it is true that this Court has previously read the
requirement of giving affected persons an opportunity to be heard into
F statutes and provisions which did not provide for it, such a right was held
even in those cases to not be absolute.12 However, we need not even go
so far. A closer reading of the MMC Act and the LAA shows that there
are adequate safeguards available and, in the facts of the case, Appellants
were given ample opportunity to object to the proposed expropriation of
their land.
G
49. When an application is made under Section 91 of the MMC
Act, it is not the case that a notice for acquisition is issued immediately.
The State Govt. must first satisfy itself that the land sought to be acquired
12
Olga Tellis & Ors. v. Bombay Municipal Corporation & Ors. (1985) 3 SCC 545;
H C.B. Gautam v. Union of India & Ors. (1993) 1 SCC 78.
DR. ABRAHAM PATANI OF MUMBAI & ANR. v. 1073
THE STATE OF MAHARASHTRA & ORS. [SURYA KANT, J,]

is indeed required for a public purpose. Respondent No. 1 must scrutinize A
the application submitted before it and come to the conclusion that the
property in question necessitates reservation in public interest before
initiating the process under the LAA via notification under Section 4.
50. Thereafter, a mechanism for hearing objections is provided
under the LAA. Section 5A of the LAA, as it was at the relevant time, B
is reproduced below:
5A. Hearing of objections. –
(1) Any person interested in any land which has been notified
under section 4, subsection (1), as being needed or likely to
be needed for a public purpose or for a Company may, [within C
thirty days from the date of the publication of the notification],
object to the acquisition of the land or of any land in the locality,
as the case may be.
(2) Every objection under sub-section (1) shall be made to the
Collector in writing, and the Collector shall give the objector D
an opportunity of being heard [in person or by any person
authorized by him in this behalf] or by pleader and shall,
after hearing all such objections and after making such further
inquiry, if any, as he thinks necessary, [either make a report
in respect of the land which has been notified under section E
4, sub-section (1), or make different reports in respect of
different parcels of such land, to the appropriate Government,
containing his recommendations on the objections, together
with the record of the proceedings held by him, for the decision
of that Government]. The decision of the [appropriate
Government] on the objections shall be final. F
(3) For the purpose of this section, a person shall be deemed
to be interested in land who would be entitled to claim an
interest in compensation if the land were acquired under this
Act.]
G
51. In light of this, the claim that adequate safeguards were not
available under the route provided in Section 91 of the MMC Act cannot
be countenanced. Not only does the State Govt. first evaluate the
application under Section 91, but Section 5A of the LAA also permits
the landowners themselves to air their grievances.
H
1074 SUPREME COURT REPORTS [2022] 19 S.C.R.

A 52. Notice under Section 4(1) 13 of the LAA was issued to
Appellants on 24.03.2005 by the Special Land Acquisition Officer
(“SLAO”) regarding the proposed acquisition of land for constructing
the link road and setting a deadline of 15.04.2005 for filing objections.
Appellants responded on 11.04.2005, opposing the acquisition inter alia
on the grounds that the matter was sub-judice before the High Court in
B
WP No. 3060 of 2002, and that the order dated 18.10.2002 passed in
WP No. 1072 of 2001 had directed that actions would not be taken
pursuant to any subsequent resolution by Respondent No. 2 without leave
being granted by the High Court. Their objections stated that:
10. Our clients submit that for the reasons mentioned in Writ
C Petition No.3060 of 2002 filed by our clients, the proposed
acquisition of land out of our clients’ property bearing CTS
Nos.23, 24 and 26 of Mulgaon is not for any public purpose
and the same is not in accordance with law. No portion of
our clients’ properties bearing CTS Nos.23, 24 and 26 of
D Mulgaon is or is likely to be needed for construction of any
public road. Proposed acquisition is at the instance of and
for serving the private purpose of Developers of properties
lying to East of our clients’ properties and is malafide and in
colourable exercise of powers under the Land Acquisition
Act, 1894 and Mumbai Municipal Corporation Act, 1888.
E Construction of a private road through the property of our
clients is bound to destroy our clients’ property and cause
irreparable damage to our clients’ property, without serving
any public purpose.
x————————————x————————————x
F
12. In the circumstances, our clients object to the proposed
acquisition on the ground that the same is in willful
disobedience and breach of Order dated 18th October, 2002
13
4. Publication of preliminary notification and power of officers thereupon. –
G (1) Whenever it appears to the [appropriate Government] the land in any locality
[is needed or] is likely to be needed for any public purpose [or for a company], a
notification to that effect shall be published in the Official Gazette [and in two daily
newspapers circulating in that locality of which at least one shall be in the regional
language], and the Collector shall cause public notice of the substance of such notification
to be given at convenient places in the said locality [(the last of the dates of such
publication and the giving of such public notice , being hereinafter referred to as the date
H of the publication of the notification)].
DR. ABRAHAM PATANI OF MUMBAI & ANR. v. 1075
THE STATE OF MAHARASHTRA & ORS. [SURYA KANT, J,]

passed by the Bombay High court in Writ Petition No. l072 of A
2001 and amounts to interference with the proceedings in
Writ Petition No.3060 of 2002 filed by our clients and pending
before the Bombay High Court and contempt of the Bombay
High Court as also on the ground that the same is not under
authority of Appropriate Government and the ground that the
B
same is malafide and in colourable exercise of powers and
not in public interest, but merely to favour and confer largesse
on Developers of property lying to the East of the property of
our clients, by seeking to destroy the property of our clients
and other grounds.
53. It appears from the record that Appellants sent several letters C
to this effect over the following months demanding that the acquisition
process cease on the aforementioned grounds stated in their letter of
11.04.2005. Appellants had eventually filed a contempt petition against
Respondent Nos. 2, 3 and 10, alleging violation of the order of 18.10.2002.
This contempt petition was dismissed by the High Court on 18.08.2006. D
54. Indeed, the award of compensation under Section 11 of the
LAA14 passed on 26.11.2007 recorded at several instances that multiple
hearings were fixed and sufficient opportunity had been given to interested
parties to be heard. In terms of the inquiry under Section 5 of the LAA,
the award noted: E
14
11. Enquiry and award by Collector. –
[(1)] On the day so fixed, or on any other day to which the enquiry has been
adjourned, the Collector shall proceed to enquire into the objection (if any) which any
person interested has stated pursuant to a notice given under section 9 to the
measurements made under section 8, and into the value of the land [at the date of the
publication of the notification under section 4, sub-section (1)], and into the respective F
interests of the persons claiming the compensation and shall make an award under his
hand of-
(i) the true area of the land;
(ii) the compensation which in his opinion should be allowed for the land; and
(iii) the apportionment of the said compensation among all the persons known or
believed to be interested in the land, or whom, or of whose claims, he has information,
whether or not they have respectively appeared before him : G
[Provided that no award shall be made by the Collector under this sub-section
without the previous approval of the appropriate Government or of such officer as the
appropriate Government may authorize in this behalf:
Provided further that it shall be competent for the appropriate Government to
direct that the Collector may make such award without such approval in such class of
cases as the appropriate Government may specify in this behalf.
… H
1076 SUPREME COURT REPORTS [2022] 19 S.C.R.

A After going through the objection raised by M/S Soloman &
Co. Adv. Mentioned above and legal advice dt. 10/5/05 revived
from M.C.G.M.: the S.L.A.O. came to the conclusion that he
need not to wait till the decision of the Hon. High Court,
Mumbai in writ. Petition No.3060/02 filed by the interested
parties as asked for in the objection mentioned above and
B
S.L.A.O. decided to [proceed] with proceedings under sec. 6
of L.A. Act. The detailed report in form ‘D’ as required under
sec. 5A of L.A. Act and draft notification under sec. 6 of L.A.
Act have been submitted to the Addl. Commissioner Konkan
Division through the Addl. Collector M.S.D. on 16/6/05 for
C the approval and publication of notification under sec. 6 in
Govt Gazette and newspaper etc.
55. The award then goes on to note that no documentation had
been submitted by any of the interested parties showing title/rights over the
land and no claims for compensation had been filed under the LAA either:
D E. EVIDENCE IN SUPPORT OF CLAIM BY THE LAND
OWNERS
Nobody from owners or interested persons has filled their claims
of compensation nor they have produced any documentary
evidence of ownership of land under acquisition. Sufficient
times were given them by fixing hearing from time to time and
E
heard them. Finally letters dt. 12/5/06, 13/7/06 and 20/3/07
were issued to them asking to file their claims of compensation
and documents of ownership. However, nobody came forward
to file their claims of compensation or claims of ownership.
Only one Shri Abraham Pattani through his advocate, filed
F every time his objection for acquisition of said lands and
tried to stay acquisition proceedings.
56. What emerges from this sequence of events is that Appellants
appear to have been given sufficient opportunity to be heard and for
their objections to be considered. However, the Appellants remained
G preoccupied with attempting to halt the acquisition proceedings on the
ground that the matter was sub-judice before the High Court and, thus,
no further steps under the LAA could be taken. After scrutinizing the
legal situation, the SLAO dismissed their objections and continued to
perform the various steps under the LAA. There was no stay granted
during this time, and Appellants’ contempt petition had been dismissed,
H as mentioned above.
DR. ABRAHAM PATANI OF MUMBAI & ANR. v. 1077
THE STATE OF MAHARASHTRA & ORS. [SURYA KANT, J,]

57. The Appellants seemingly did not submit any documentation A
in support of their claim of title and neither did they seek quantification
of compensation they may have been entitled to under the LAA. As a
result, they cannot now claim that there was no opportunity given to
them to voice their concerns with regard to the acquisition process. The
decision by the Appellants to stick to their position in terms of the
B
notification and award being non-est due to the pendency of their WP at
the High Court cannot entitle them to now argue that they were treated
unfairly in the proceedings under the LAA.
58. This also fortifies our earlier observation regarding the co-
existence of the MMC Act alongside the MRTP Act. The contentions
raised by the Appellants have failed to persuade us and we see no reason C
to enact a hierarchy between the two Statutes. We affirm, once again,
the position articulated by Respondents that it was open to Respondent
No. 2 to act under the MMC Act to acquire Appellants’ land for the
public purpose of building the link road.
C.2. Compliance with the procedure under the MMC Act D
59. Having held that Respondent No. 2 was entitled to exercise
its powers under the MMC Act, it is now incumbent on us to examine
whether the procedure under the Statute was properly followed. We
refer to our earlier observations on the scheme of procurement under
the MMC Act from a combined reading of Sections 91, 291(a), and 296 E
contained therein.
60. To begin with, it is necessary to recap the sequence of events
that led to the land acquisition proceedings. Learned Counsel for the
Municipal Corporation and the Municipal Commissioner, Mr. Godbole,
has highlighted the initial trio of resolutions, Nos. 651, 39 & 536, by
F
Respondent No. 2 that set the ball rolling in terms of land acquisition.
Resolution No. 536 was a composite resolution under Section 126 of the
MRTP Act and Section 90 of the MMC Act. According to him, this was
in effect a resolution under Section 91 as the reference to Section 90
was merely a typographical error due to Section 9015, acquisition via
15
G
90. Acquisition of immovable property by agreement.
(1) Wherever it is provided by this Act that the Commissioner may acquire or
whenever it is necessary or expedient for any purpose of this Act that the Commissioner
shall acquire, any immovable property, such property may be acquired by the
Commissioner on behalf of the corporation by agreement 6[subject to the provisions of
sub-section (3)].
… H
1078 SUPREME COURT REPORTS [2022] 19 S.C.R.

A consent, being the first option under the MMC Act. When that failed,
the natural next step would be the second option under Section 91 of the
MMC Act.
61. Subsequently the Office of the Chief Engineer had made an
application to Respondent No. 1 on 05.02.1999 for procuring the
B Appellants’ land. The link road proposal was then shelved via Resolution
No. 1167, before being revived once again by Resolution No. 1117 dated
28.10.2002.
62. Following the renewal of the link road proposal, the land
acquisition proceedings were recommenced under Section 91 and the
C necessary steps under the LAA were taken on the basis of the same
application of 05.02.1999 that had been submitted by the Office of the
Chief Engineer. This finally culminated in the passing of the award of
compensation under Section 11 of the LAA on 26.11.2007.
63. In this backdrop, learned Senior Counsels for the Appellants
D have argued that there has been non-compliance with two requirements
under Section 91 of the MCC Act: a) The application for acquisition of
land was forwarded from the Office of the Chief Engineer (Development
Plan) and not the Commissioner; b) There was no authorization granted
or order passed by Respondent No. 1 to proceed with such an acquisition.

E 64. Adverting to the first submission, we acknowledge the
unambiguous language of Section 91 which contemplates an application
being submitted by the Commissioner, Respondent No. 3. However, when
dealing with such matters of procedure the old adage of procedural laws
being the handmaid of justice must be kept in mind. As has been
exhaustively and extensively reiterated by this Court in the past,
F procedural rules must not be allowed to defeat the basic purpose of a
statute or hamper the pursuit of justice unless violation of the procedure
would itself amount to grave injustice.
65. In Sangram Singh v. Election Tribunal, Kotah & Anr. 16
this Court in the context of procedural rules held:
G
“16…It is procedure, something designed to facilitate justice
and further its ends: not a penal enactment for punishment
and penalties; not a thing designed to trip people up. Too
technical a construction of sections that leaves no room for
16
H (1955) 2 SCR 1.
DR. ABRAHAM PATANI OF MUMBAI & ANR. v. 1079
THE STATE OF MAHARASHTRA & ORS. [SURYA KANT, J,]

reasonable elasticity of interpretation should therefore be A
guarded against (provided always that justice is done to both
sides) lest the very means designed for the furtherance of
justice be used to frustrate it.”
(Emphasis Applied)
66. Similarly, in Ghanshyam Dass v. Dominion of India17 the B
ethos behind “adjective law” was elaborated upon while dealing with
issuance of notice under Section 80 of the Civil Procedure Code:
“12. In the ultimate analysis, the question as to whether a
notice under Section 80 of the Code is valid or not is a question
of judicial construction. The Privy Council and this Court have C
applied the rule of strict compliance in dealing with the
question of identity of the person who issues the notice with
the person who brings the suit. This Court has however adopted
the rule of substantial compliance in dealing with the
requirement that there must be identity between the cause of D
action and the reliefs claimed in the notice as well as in the
plaint. As already stated, the Court has held that notice under
this section should be held to be sufficient if it substantially
fulfils its object of informing the parties concerned of the nature
of the suit to be filed. On this principle, it has been held that
though the terms of the section have to be strictly complied E
with, that does not mean that the notice should be scrutinized
in a pedantic manner divorced from common sense. The point
to be considered is whether the notice gives sufficient
information as to the nature of the claim such as would the
recipient to avert the litigation.” F
(Emphasis Applied)
67. In the same vein, Sugandhi v. P. Rajkumar18 promoted an
approach that sought to achieve substantial justice when confronted with
breaches of procedural law, especially when the other party did not suffer
any significant prejudice. This Court opined: G
“9.It is often said that procedure is the handmaid of justice.
Procedural and technical hurdles shall not be allowed to come

17
(1984) 3 SCC 46.
18
(2020) 10 SCC 706. H
1080 SUPREME COURT REPORTS [2022] 19 S.C.R.

A in the way of the court while doing substantial justice. If the
procedural violation does not seriously cause prejudice to the
adversary party, courts must lean towards doing substantial
justice rather than relying upon procedural and technical
violation. We should not forget the fact that litigation is nothing
B but a journey towards truth which is the foundation of justice
and the court is required to take appropriate steps to thrash
out the underlying truth in every dispute.”
(Emphasis Applied)
68. A Constitution Bench of this Court in State of U.P. & Ors. v.
C Babu Ram Upadhya19, while laying down the test for determining if
the legislature intended for a provision to be directory or mandatory in
nature, held as follows:
“29…For ascertaining the real intention of the Legislature,
the Court may consider, inter alia, the nature and the design
D of the statute, and the consequences which would follow from
construing it the one way or the other, the impact of other
provisions whereby the necessity of complying with the
provisions in question is avoided, the circumstance, namely,
that the statute provides for a contingency of the non-
E compliance with the provisions, the fact that the non-
compliance with the provisions is or is not visited by some
penalty, the serious or trivial consequences that flow therefrom,
and, above all, whether the object of the legislation will be
defeated or furthered.”
F (Emphasis Applied)
69. It is with these time tested principles in mind that we must
now analyse Appellants’ contentions and consider whether the
requirement of the Commissioner making the application under Section
91 is directory or mandatory in nature. While doing so, we avert to learned
G Counsel Mr. Godbole’s argument that the Commissioner is, at all times,
involved in the decision making process and is an integral member of the
Ministerial Committee that signs off on initiating a land acquisition process
under the MMC Act.

19
H (1961) 2 SCR 679.
DR. ABRAHAM PATANI OF MUMBAI & ANR. v. 1081
THE STATE OF MAHARASHTRA & ORS. [SURYA KANT, J,]

70. Thus, a common sense approach would lead to the conclusion A
that rigid adherence to the notion that the Commissioner can be the only
official to actually send an application under Section 91 may not be
warranted in all scenarios. The construction of the provision that has
been suggested by the Appellants would prevent the kind of “reasonable
elasticity of interpretation” that was noted in Sangram Singh (Supra) B
to be vital when construing a statute.
71. Further, we are unable to ascertain what prejudice has been
caused to the Appellants merely because it was the Office of the Chief
Engineer which officially forwarded the application to the prescribed
authority under Section 91. The consequence in both scenarios, whether C
the Commissioner or some other official acts under the provision, would
be that land acquisition proceedings are commenced under the LAA.
None of the Appellants’ rights are abrogated by the Chief Engineer
making the application under Section 91. This is further accentuated by
the fact that, in any case, Respondent No. 3 was part of the decision-
making process. D

72. Appellants have placed reliance on Girnar Traders 2007
(Supra) to contend that the requirement of Respondent No. 3 being the
specific official to make the application cannot be deviated from. The
Court in that instance was dealing with lapsing of a reservation of land
E
under the MRTP Act in terms of Section 127.20 The area in question had
been marked as part of a DP but no steps had been taken to acquire it
for a full decade thereafter. The Commissioner was the designated

20
127. Lapsing of reservations.
[(1) If any land reserved, allotted or designated for any purpose specified in any F
plan under this Act is not acquired by agreement within ten years from the date on
which a final Regional Plan, or final Development Plan comes into force 2[or if a
declaration under sub-section (2) or (4) of section 126 is not published in the Official
Gazette within such period, the owner or any person interested in the land may serve
notice, alongwith the documents showing his title or interest in the said land, on the
Planning Authority, the Development Authority or, as the case may be, the Appropriate
Authority to that effect; and if within twelve months] from the date of the service of
G
such notice, the land is not acquired or no steps as aforesaid are commenced for its
acquisition, the reservation, allotment or designation shall be deemed to have lapsed,
and thereupon, the land shall be deemed to be released from such reservation, allotment
or designation and shall become available to the owner for the purpose of development
as otherwise, permissible in the case of adjacent land under the relevant plan.
… H
1082 SUPREME COURT REPORTS [2022] 19 S.C.R.

A authority authorized to act under Section 126 to initiate the steps for land
acquisition. While analysing Sections 126 & 127 of the MRTP Act21, the
majority opined:
“54. When we conjointly read Sections 126 and 127 of the
MRTP Act, it is apparent that the legislative intent is to
B expeditiously acquire the land reserved under the Town
Planning Scheme and, therefore, various periods have been
prescribed for acquisition of the owner’s property. The intent
and purpose of the provisions of Sections 126 and 127 has
been well explained in Municipal Corporation of Greater
Bombay Case (supra).If the acquisition is left for a time
C immemorial in the hands of the concerned authority by simply
making an application to the State Government for acquiring
such land under the LA Act, 1894, then the authority will
simply move such an application and if no such notification
is issued by the State Government for one year of the
D publication of the draft regional plan under Section 126(2)
read with Section 6 of the LA Act, wait for the notification to
be issued by the State Government by exercising suo motu
power under Sub-section (4) of Section 126; and till then no
declaration could be made under Section 127 as regards
E 21
126. Acquisition of land required for public purposes specified in plans.
(1) Where after the publication of a draft Regional plan, a Development or any
other plan or town planning scheme, any land is required or reserved for any of the
public purposes specified in any plan or scheme under this Act at any time, the
Planning Authority, Development Authority, or as the case may be, 1[any Appropriate
Authority may, except as otherwise provided in section 113A] 2[acquire the land,—
(a) by agreement by paying an amount agreed to, or
F (b) in lieu of any such amount, by granting the land-owner or the lessee, subject,
however, to the lessee paying the lessor or depositing with the Planning Authority,
Development Authority or Appropriate Authority, as the case may be, for payment to
the lessor, an amount equivalent to the value of the lessor’s interest to be determined by
any of the said Authorities concerned on the basis of the principles laid down in the
Land Acquisition Act, 1894, Floor Space Index (FSI) or Transferable Development
G Rights (TDR) against the area of land surrendered free of cost and free from all
encumbrances, and also further additional Floor Space Index or Transferable Development
Rights against the development or construction of the amenity on the surrendered land
at his cost, as the Final Development Control Regulations prepared in this behalf
provide, or
(c) by making an application to the State Government for acquiring such land under
the Land Acquisition Act, 1894,
H …
DR. ABRAHAM PATANI OF MUMBAI & ANR. v. 1083
THE STATE OF MAHARASHTRA & ORS. [SURYA KANT, J,]

lapsing of reservation and contemplated declaration of land A
being released and available for the land owner for his
utilization as permitted under Section 127. Section 127
permitted inaction on the part of the acquisition authorities
for a period of 10 years for de-reservation of the land. Not
only that, it gives a further time for either to acquire the land
B
or to take steps for acquisition of the land within a period of
six months from the date of service of notice by the land owner
for de-reservation. The steps towards commencement of the
acquisition in such a situation would necessarily be the steps
for acquisition and not a step which may not result into
acquisition and merely for the purpose of seeking time so C
that Section 127 does not come into operation.
55. Providing the period of six months after the service of
notice clearly indicates the intention of the legislature of an
urgency where nothing has been done in regard to the land
reserved under the plan for a period of 10 years and the owner D
is deprived of the utilization of his land as per the user
permissible under the plan. When mandate is given in a
Section requiring compliance within a particular period, the
strict compliance is required thereof as introduction of this
Section is with legislative intent to balance the power of the
E
State of ‘eminent domain’…”
(Emphasis Applied)
73. It was in this context that the majority noted that the Executive
Engineer, who was not authorized to act as the appropriate authority
under Section 126, could not have taken on the mantle of making an F
application for initiating proceedings under the LAA. What weighed with
the court was the legislative intent of Sections 126 and 127 which was to
“balance the power of the State of ‘eminent domain’”. The
consequence of not acting in an expeditious manner under Sections 126
& 127 was the automatic de-reservation of land that was meant to be
G
part of the DP.
74. Thus, there are two important distinguishing factors between
Girnar Traders 2007 (Supra) and our scenario. The first is the mandate
and purpose of Sections 126 & 127 which are meant to ensure the DP is
acted upon swiftly and efficiently. The prejudice caused to a private
H
1084 SUPREME COURT REPORTS [2022] 19 S.C.R.

A citizen if his land is reserved for a public purpose under the MRTP Act
but then not acquired for years afterwards was eloquently elaborated
upon by the majority. The individual would be deprived of the usage of
his land due to the reservation, while not receiving compensation for it
under the LAA. It was to safeguard against such an eventuality that
strict adherence to Sections 126 & 127 of the MRTP Act was necessary.
B
This rationale cannot be transplanted to Section 91 of the MMC Act.
75. The second is the lack of any penal provision or consequence
attached to a failure to follow the exact procedure mentioned under
Section 91. As observed in Babu Ram Upadhya (Supra) the existence
of a penal mechanism attached to non-compliance is one of the means
C by which the nature of a provision can be ascertained. Under the MRTP
Act the consequence of non-compliance with the designated procedure
under Section 126 is the eventual de-reservation of the land in question
under Section 127.
76. In this context, the Doctrine of Purposive Interpretation is
D also of assistance. This Court in Reserve Bank of India v. Peerless
General Finance and Investment Co. Ltd. & Anr.22 referred to the
need for interpretation of a statute to be based on the context and purpose
behind it, in the following terms:
“33. Interpretation must depend on the text and the context.
E They are the bases of interpretation. One may well say if the
text is the texture, context is what gives the colour. Neither
can be ignored. Both are important. That interpretation is
best which makes the textual interpretation match the
contextual. A statute is best interpreted when we know why it
F was enacted. With this knowledge, the statute must be read,
first as a whole and then Section by section, Clause by clause,
phrase by phrase and word by word. If a statute is looked at,
in the context of its enactment, with the glasses of the statute-
maker, provided by such context, its scheme, the sections,
clauses, phrases and words may take colour and appear
G different than when the statute is looked at without the glasses
provided by the context. With these glasses we must look at
the Act as a whole and discover what each section, each
clause, each phrase and each word is meant and designed to

22
H (1987) 1 SCC 424.
DR. ABRAHAM PATANI OF MUMBAI & ANR. v. 1085
THE STATE OF MAHARASHTRA & ORS. [SURYA KANT, J,]

say as to fit into the scheme of the entire Act. No part of a A
statute and no word of a statute can be construed in isolation.
Statutes have to be construed so that every word has a place
and everything is in its place.”
77. Along similar lines, S. Gopal Reddy v. State of A.P. 23
expounded on the approach to be taken while interpreting statutes and B
held:
“12. It is a well-known Rule of interpretation of statutes that
the text and the context of the entire Act must be looked into
while interpreting any of the expressions used in a statute.
The courts must look to the object which the statute seeks to C
achieve while interpreting any of the provisions of the Act. A
purposive approach for interpreting the Act is necessary. We
are unable to persuade ourselves to agree with Mr. Rao that
it is only the property or valuable security given at the time of
marriage which would bring the same within the definition of D
‘dowry’ punishable under the Act, as such an interpretation
would be defeating the very object for which the Act was
enacted. Keeping in view the object of the Act, “demand of
dowry” as a consideration for a proposed marriage would
also come within the meaning of the expression dowry under
the Act.” E

78. It appears to us that Section 91 imposes a statutory responsibility
on Respondent No. 3, the Commissioner, to initiate the land acquisition
process. The object behind the expression “…upon the application of
the Commissioner, made with the approval of the…” unequivocally
F
suggests that the Commissioner must apply his/her mind and take a
conscious decision in favour of the acquisition proceedings being initiated
under the LAA. Once the Commissioner is party to the Ministerial
Committee and a determination is made by the Committee that a new
public street must be laid and land must be acquired for this purpose
under Section 91 of the MCC Act read with the LAA, it is no longer G
consequential which authority conveys this decision. The conclusion that
the land is required for the construction of the road cannot be invalidated
on this ground.

23
(1996) 4 SCC 596. H
1086 SUPREME COURT REPORTS [2022] 19 S.C.R.

A 79. To the extent that Respondent No. 3 is required to forward
the application under Section 91, we see no reason to consider this a
mandatory condition. Nevertheless, even for such directory provisions
substantial compliance is necessary. In Sharif-ud-din v. Abdul Gani
Lone24 the level of compliance with directory rules, as well as the
distinction between mandatory and directory requirements under a statute,
B
was detailed and laid down in the following terms:
“9.The difference between a mandatory rule and a directory
rule is that while the former must be strictly observed, in the
case of the latter, substantial compliance may be sufficient to
achieve the object regarding which the rule is enacted. Certain
C broad propositions which can be deduced from several
decisions of courts regarding the rules of construction that
should be followed in determining whether a provision of law
is directory or mandatory may be summarized thus: The fact
that the statute uses the word ‘shall’ while laying down a duty
D is not conclusive on the question whether it is a mandatory or
directory provision. In order to find out the true character of
the legislation, the Court has to ascertain the object which the
provision of law in question is to sub-serve and its design and
the context in which it is enacted. If the object of a law is to be
defeated by non-compliance with it, it has to be regarded as
E mandatory.”
(Emphasis Applied)
80. We are inclined to hold and affirm that there has been substantial
compliance with Section 91 to the extent that it achieves the objective
behind the provision. Learned Counsel, Mr. Godbole, has already pointed
F
out the practicalities of the decision making process in Respondent No.
2. Undoubtedly, Respondent No. 3 would have been a participant in the
deliberations on whether to initiate the process under Section 91 for
procurement of land. The final application was made only after gaining
approval from him and the rest of the Committee.
G
81. Appellants have urged that the need for Respondent No. 3 to
personally take the first step under Section 91 is part of the minimal
safeguards that exist under the MMC Act and must be adhered to. We
feel that the purpose behind the provision of ensuring that the highest-
24
H (1980) 1 SCC 403.
DR. ABRAHAM PATANI OF MUMBAI & ANR. v. 1087
THE STATE OF MAHARASHTRA & ORS. [SURYA KANT, J,]

ranking officer in the municipal corporation is privy and amenable to the A
acquisition proceedings is achieved by his participation and sign off on
the action, regardless of whether he personally sends the application.
82. In this respect, the holding of a Division Bench of the Bombay
High Court in Harakchand Misirimal Solanki & Ors. v. The Collector
& Ors. 25 becomes relevant. The High Court was dealing with the B
Bombay Provincial Municipal Corporation Act, 1949, and efforts made
by the Pune Municipal Corporation to set up a “Forest Garden”. One of
the several alleged defects in the process which arose for consideration
before the High Court pertained to the fact that the Assistant
Commissioner, instead of the Commissioner, had made the application
for commencing proceedings under the LAA. It was urged that the C
Commissioner was the designated authority under Section 78 of the Act.26
Rejecting this argument, the Division Bench observed:
“24. We do not find any substance in the contention of the
petitioner that it is not the Assistant Municipal Commissioner
but the Commissioner himself who should have applied for D
initiation of proceedings under the said Act…Therefore, even
if contention of the petitioner is accepted that the actual
application sent to the Collector seeking to initiate proceedings
under the said Act for compulsory acquisition of the lands in
issue was signed and sent by the Assistant Municipal E
Commissioner and not by the Commissioner of the said
Corporation himself, we do not find that this will constitute a
gross illegality in the initiation of the acquisition proceeding
in issue. In our view, once the proposal is shown to have been
accepted by the Commissioner, processed by the Commissioner
and sent to the Collector in terms of the directions of the F

25
2008 SCC OnLine Bom 1067.
26
78. Procedure when immovable property cannot be acquired by agreement
(1) Whenever the Commissioner is unable under section 77 to acquire by agreement
any immovable property or any easement affecting any immovable property vested in
the Corporation or whenever any immovable property or any easement affecting any
G
immovable property vested in the Corporation is required for the purposes of this Act,
the1 [State] Government may in its discretion, upon the application of the Commissioner,
made with the approval of the Standing Committee and subject to the other provisions
of this Act, order proceedings to be taken for acquiring the same on behalf of the
Corporation, as if such property or easement were land needed for a public purpose
within the meaning of the Land Acquisition Act, 1894[I of 1804]. H
1088 SUPREME COURT REPORTS [2022] 19 S.C.R.

A Commissioner, only because the same was formally signed
not by the Commissioner himself but by the Assistant Municipal
Commissioner, in law, would not be so vital to warrant vitiating
of the entire acquisition proceeding. In our view, if it is
demonstrated that substantial compliance is done with the
statutory requirement of Section 78 of the said Act, no fault
B
can be found with these acquisition proceedings, on this ground
as claimed by the petitioners.”
(Emphasis Applied)
83. The High Court, thus, rebutted this particular contention raised
by the Petitioners. However, the Petitioners’ Writ Petitions were allowed
C overall due to certain other discrepancies that were discovered in the
setting up of the Forest Garden. The Pune Municipal Corporation filed
an SLP against this judgment assailing the High Court’s final conclusion
which is unrelated to the specific issue we are concerned with in the
present case. Notwithstanding the fact that the matter remains sub-
D judice on other facets of the case, we find some prima facie merit in the
reasoning by the Bombay High Court for repelling the argument that
only the Commissioner may submit the application for reservation and
acquisition of land under the LAA.
84. As submitted by learned Counsel, Mr. Godbole, Respondent
E No. 3’s seal of approval was granted for the actions taken under Section
91 of the MMC Act. We, therefore, hold that once the proposal has
been approved by the Commissioner, the lack of a formal signature from
him on the eventual application is not a serious defect and cannot annul
the entire process that followed.

F 85. Based on the discussion above, we are satisfied that Section
91 of the MMC Act has been substantially complied with in this case.
We now turn our attention to the second contention by the Appellants on
the issue of compliance with procedural requirements, which is the
purported absence of an order by the State Govt. for initiating land
acquisition proceedings under the LAA.
G
86. To ascertain the veracity of the Appellants’ claim we may
refer once again to the final award of compensation passed on 26.11.2007.
Under the sub-heading “Introduction” under the main heading “Reasons
for the Award”, it is noted that the Office of the Chief Engineer sent the
application to the Collector 05.02.1999 for procuring the land in question.
H Following the application, it was recorded that:
DR. ABRAHAM PATANI OF MUMBAI & ANR. v. 1089
THE STATE OF MAHARASHTRA & ORS. [SURYA KANT, J,]

“The Addl. collector M.S.D. along with his letter dt. 21/7/99 A
sent the said proposal to this office directing this office to
process acquisition proceeding.”
87. We are, therefore, unable to spot the infirmity in the actions of
Respondent authorities. The Additional Collector, acting on behalf of
Respondent No. 1, forwarded the proposal from Respondent No. 2 to B
the SLAO for further processing and commencement of the procedure
under the LAA. There is no indication in Section 91 of the MMC Act
that the order of the State Govt. to carry out the land acquisition is
supposed to be in a specific form. Keeping this in mind, we have no
hesitation in taking a pragmatic and practical approach to this requirement.
It is enough that the relevant office in Respondent No. 1 accepted the C
application from Respondent No. 2 and conveyed it to the authorities
empowered to act under the LAA. The direction from the Additional
Collector for the SLAO to process the request from Respondent No. 2
would be sufficient compliance with Section 91 of the MMC Act.
88. In any case, Respondent Nos. 10 & 11, in performing the D
steps under the LAA to procure the land, acted for and on behalf of
Respondent No. 1. Thus, it is incontrovertible that Respondent No. 1
was fully on board with the initiative to acquire Appellants’ land for
constructing the link road. The fact that all the steps under the LAA
were carried out is sufficient evidence that there has been adherence to E
the spirit and scheme of Section 91 regarding Respondent No. 1 being
involved and sanctioning the actions of Respondent Nos. 10 & 11.
89. In summation, we conclude that the objections by the Appellants
on the grounds of non-adherence to procedural requirements under
Section 91 of the MMC Act are without merit. There has been substantial F
compliance with the provision and the objective underlying it has been
honoured.
C.3. Public Interest v. Private Interest
90. It is important for us to take stock of the nature of the present
dispute. The Appellants are private citizens who have valid title and G
ownership over the land in question. Without doubt, their personal and
private rights are of great importance. In a democratic society governed
by the rule of law, the rights of an individual carry immense importance
and are the foundational blocks on which our legal, social, and political
milieu thrives. Under no circumstances should the rights of individual
H
1090 SUPREME COURT REPORTS [2022] 19 S.C.R.

A citizens be trodden upon arbitrarily and any curtailment of them must be
scrutinized with utmost care.
91. At the same time, we must not lose sight of the fact that in
several situations, the needs of the many must outweigh that of the few.
We say so not with any fervour nor as a mantra, but as a solemn
B acknowledgment of the realities of modern life. The question of what
constitutes “public interest” has been contemplated upon multiple times
and the history of this Court is full of musings by different benches on
the exact contours of this phrase in the context of various situations and
statutes.
C 92. In Manimegalai v. Special Tehsildar,27 it was surmised that:
“14. Similarly, public purpose is not capable of precise
definition. Each case has to be considered in the light of the
purpose for which acquisition is sought for. It is to serve the
general interest of the community as opposed to the particular
D interest of the individual. Public purpose broadly speaking
would include the purpose in which the general interest of
the society as opposed to the particular interest of the
individual is directly and vitally concerned. Generally, the
executive would be the best judge to determine whether or not
the impugned purpose is a public purpose. Yet it is not beyond
E the purview of judicial scrutiny. The interest of a Section of
the society may be public purpose when it is benefitted by the
acquisition. The acquisition in question must indicate that it
was towards the welfare of the people and not to benefit a
private individual or group of individuals joined collectively.
Therefore, acquisition for anything which is not for a public
F
purpose cannot be done compulsorily.”
93. In B.P. Sharma v. Union of India & Ors.28 the nebulous
nature of phrases such as “public interest” or “in the interest of the
general public” was commented upon, with the Court stating:
G “15. …The phrase “in the interest of the general public” has
come to be considered in several decisions and it has been
held that it would comprise within its ambit interests like public
health and morals, economic stability, stability of the country,
27
(2018) 13 SCC 491.
28
H (2003) 7 SCC 309.
DR. ABRAHAM PATANI OF MUMBAI & ANR. v. 1091
THE STATE OF MAHARASHTRA & ORS. [SURYA KANT, J,]

equitable distribution of essential commodities at fair prices A
for maintenance of purity in public life, prevention of fraud
and similar considerations…”
94. This point was emphasized in Bihar Public Service
Commission v. Saiyed Hussain Abbas Rizwi & Anr.29 as well, which
held that no strict definition for “public interest” existed: B
“22. The expression “public interest” has to be understood in
its true connotation so as to give complete meaning to the
relevant provisions of the Act. The expression “public interest”
must be viewed in its strict sense with all its exceptions so as
to justify denial of a statutory exemption in terms of the Act. C
In its common parlance, the expression “public interest”, like
“public purpose”, is not capable of any precise definition. It
does not have a rigid meaning, is elastic and takes its colour
from the statute in which it occurs, the concept varying with
time and state of society and its needs. It also means the general
welfare of the public that warrants recognition and protection; D
something in which the public as a whole has a stake.”
95. It is unnecessary to belabour the point. The proposition is
simply that the notion of public interest will necessarily reflect the
specificities of the situation at hand. In the present case, the public interest
which has been emphasized upon by Respondents is the urgent need for E
the creation of a connecting road through the Appellants’ property. The
need stems from the traffic congestion caused on the route from the
Mahakali Caves to the Central MIDC. The lack of a direct linkage
requires detours to be taken that significantly increase commuting time
and cause inconvenience to the general public.
F
96. When the public interest is so clearly articulated and is an urgent
and pressing exigency, private interests must give way to the extent
required. This Court has acknowledged this before, such as in Ramilila
Maidan Incident v. Home Secretary, Union of India & Ors.30:
“119. The right to freedom in a democracy has to be exercised G
in terms of Article 19(1)(a) subject to public order. Public order
and public tranquillity is a function of the State which duty is
discharged by the State in the larger public interest. The
29
(2012) 13 SCC 61.
30
(2012) 5 SCC 1. H
1092 SUPREME COURT REPORTS [2022] 19 S.C.R.

A private right is to be waived against public interest. The action
of the State and the Police was in conformity with law. As a
large number of persons were to assemble on the morning of
5th June, 2011 and considering the other attendant circumstances
seen in light of the inputs received from the intelligence agencies,
the permission was revoked and the persons attending the
B
camp at Ramlila Maidan were dispersed.”
(Emphasis Applied)
97. In K.T. Plantation Pvt. Ltd. & Ors. v. State of Karnataka,31
the origins of “Eminent Domain” were traced and the ethos behind
C acquisition of land by the government for public good was discussed.
The Court elaborated on this in the following terms:
“134. Hugo Grotius is credited with the invention of the term
“eminent domain” (jus or dominium eminens) which implies
that public rights always overlap with private rights to property,
D and in the case of public utility, public rights take precedence.
Grotius sets two conditions on the exercise of the power of
eminent domain: the first requisite is public advantage and
then compensation from the public funds be made, if possible,
to the one who has lost his right. Application of the above
principle varies from countries to countries. Germany,
E America and Australian Constitutions bar uncompensated
takings. Canada’s constitution, however, does not contain the
equivalent of the taking clause, and eminent domain is solely
a matter of statute law, the same is the situation in United
Kingdom which does not have a written constitution as also
F now in India after the 44th Constitutional Amendment.”
(Emphasis Applied)
98. With these considerations in mind, we deem the present case
to be an appropriate instance where public interest must have
paramountcy over private interest. We emphasize once again before
G parting that the rights of the individual must only be watered down when
the necessary circumstances demanding such a drastic measure exist.
99. Learned Counsel, Mr. Godbole, has candidly explained to us
that the plan for the road through the Appellants’ property is mapped in
31
H (2011) 9 SCC 1.
DR. ABRAHAM PATANI OF MUMBAI & ANR. v. 1093
THE STATE OF MAHARASHTRA & ORS. [SURYA KANT, J,]

such a way that it will not disturb the buildings that have been constructed A
on it. Learned Senior Counsel, Mr. Divan, has fairly admitted that this is
indeed the case. Given this, we consider that a suitable middle ground
has been arrived at which is practical and optimally balances the competing
interests between the parties.
D. CONCLUSION B
100. For the reasons detailed above, we find that Respondent No.
2 validly exercised its powers under the MMC Act to direct the acquisition
of the Appellants’ land. The argument by the Appellants that the MRTP
Act maintains supremacy over the MMC Act is not the correct position
of law, in our opinion, and the two statutes exist side-by-side with some C
degree of overlap. The powers under the MMC Act remain intact even
in cases where they cover a subject that is also provided for in the
MRTP Act.
101. The procedure contemplated under Section 91 of the MMC
Act to commence proceedings under the LAA for procuring land was D
substantially complied with. The part of the provision relied upon by the
Appellants is directory in nature and requires substantial compliance
rather than strict compliance. The objections raised by the Appellants
regarding certain aspects of the process are unfounded as no prejudice
was caused to them, and the purported defects are not nearly grave
enough to cause an annulment of the entire process. E

102. In light of these findings, we do not consider it necessary to
comment upon the submissions by learned Senior Counsel, Mr. Naphade,
regarding the bona fides of the Appellants and their entitlement to relief
on the grounds of equity. Considering the other issues which have been
answered in favour of the Respondents, this point becomes moot. F
103. In the final outcome, we dismiss the present appeal as being
devoid of merit.
104. Pending applications, if any, are also disposed of.
G
Ankit Gyan and Anurag Bhaskar Appeal dismissed.
(Assisted by : Rahul Kumar, LCRA)

H