The Supreme Court on Thursday ruled that the Kolkata Municipal Corporation (KMC) has no power to acquire any private land.

Any such exercise can be undertaken only through the state government by giving due opportunities to the land owners to be heard, as stipulated by the land acquisition laws, the apex court ruled.

The bench of Justice P.S. Narasimha and Justice Aravind Kumar passed the judgment while dismissing the KMC’s appeal challenging the concurrent findings of a single judge and a division bench of Calcutta High Court, which had quashed the acquisition of a land in Narkeldanga by the civic body.

The KMC had in July 2010 informed the plot owner, Birinchi Bihari Shah, that it had deleted his name from the category of owner and inserted its name in the official records.

It justified the action citing Section 352 of the KMC Act 1980, which it claimed empowered the civic body to acquire any private land.

The apex court said the KMC had erroneously invoked Section 352 to acquire the property for the purpose of opening a park and a ward office.

The bench ruled that the municipal commissioner needs to apply to the state government under Section 537 of the act to initiate the process of acquisition for the purpose of opening a street, square or a park.

“Upon application of the Municipal Commissioner under Section 537 for the acquisition of land for opening of a street, square, park etc., the Government may order proceedings to be taken for acquiring land on behalf of the appellant-Corporation as if the land is needed for a public purpose within the meaning of the Land Acquisition Act, 1894,” Justice P.S. Narasimha, who authored the judgment, said.

The court said Section 352 of the KMC act empowers the municipal commissioner to identify the land required for the purpose of opening of a public street, square, park, etc. and under Section 537, the commissioner has to apply to the government to acquire the land.

“Upon such an application, the Government may, in its own discretion, order proceedings to be taken for acquiring the land. Section 352(13) is therefore, not the power of acquisition. We... reject the submission on behalf of the appellant Corporation that Section 352 enables the Municipal Commissioner to acquire land,” the judge said.

The court ordered a compensation of ₹5 lakh for Shah.