2010 (8) TMI 1096 - HC - Indian Laws

High Court orders respondent to transfer land to MTNL under slum rehab scheme

Mahanagar Telephone Nigam Ltd Versus State of Maharashtra and others.

The High Court directed respondent No.5 to hand over a built-up area of 1706 sq. metres to Mahanagar Telephone Nigam Limited (MTNL) under a slum ... - Issues involved: Interpretation of slum rehabilitation scheme, allocation of built-up area to Mahanagar Telephone Nigam Limited (MTNL), liability of respondent No.5, involvement of Post and Telegraph Department of the Union of India.Interpretation of slum rehabilitation scheme: The High Court corrected an order to direct respondent No.5 to hand over a built-up area of 1706 sq. metres to MTNL as per the scheme, without causing any prejudice. The Court emphasized that any further claim by MTNL for additional built-up area should be adjudicated by the appropriate authority.Allocation of built-up area to MTNL: Respondent No.5, under the slum rehabilitation scheme, was directed to hand over a specific built-up area to MTNL free of costs. The Court clarified that since MTNL was allotted only 1706 sq. metres, any claim for additional area should be pursued through the appropriate authority.Liability of respondent No.5: The Court held that respondent No.5 must comply with the directive to hand over the specified built-up area to MTNL, as outlined in the scheme. The Court also mentioned that the Post Master General at Mumbai should be informed of the order, allowing the Post Master General to address any claims over the area in question.Involvement of Post and Telegraph Department of the Union of India: The Court noted that since the Post and Telegraph Department was not a party to the proceeding, respondent No.5 could not be held liable if MTNL received the allocated built-up area free of costs. Any potential claims by the Post Master General over the area were to be addressed directly with MTNL and the Union of India in the concerned ministry.