IMPORTANT POINT
Change in slab u/s 13(3) can be brought out only in manner laid down in section 13(1) and (2).

JUDGMENT :

Kurian, J.

Leave granted.

2. The Maharashtra Project Affected Persons Rehabilitation Act, 1986 (hereinafter referred to as “the Act”) is a piece of legislation intended for rehabilitation of persons affected on implementation of certain projects in the State of Maharashtra on the lands acquired from the zones benefitted by the projects. The Act is applicable to all irrigation projects of which the area of the affected zone exceeds 50 Hectares or the area of the benefitted zone exceeds 200 Hectares or where a gaothan is affected. The State Government is also entitled to make the Act applicable to other projects as well to which the Act is applicable. The affected zone is defined as the area declared under Section 13 of the Act to constitute the extent of the area affected under a particular project. Benefitted zone means the area declared under Section 13 of the Act to constitute the area of the benefitted zone under the project. Rehabilitation under the scheme of the Act of the affected persons is done mainly by acquiring lands coming under the benefitted zone. In the present case, it is the Chikotra project.

3. Under Section 13 of the Act, the State Government has to make a declaration of areas in affected and benefitted zones and also the extent of land to be acquired in the benefitted zone is as per the slabs mentioned in Part II of the Schedule. As far as extent of area constituting the affected zone under the project and the extent of area constituting the benefitted zone is concerned, it is clearly provided under Section 13(2) of the Act that a public notice inviting objections or suggestions is to be issued. After considering the objections and suggestions only, a notification under Section 13 (1) of the Act could be published in the official gazette and by other modes of publication as provided under the Act.

4. In the instant case, there is no dispute on that procedure. The dispute is in a narrow compass. In the gazette notification originally published, the slab under Part II was Slab III whereunder there is no acquisition in case the holding in the benefitted zone is not more than 3 Hectares and 23 Ares. Under all slabs, larger the holding, proportionately larger is the acquisition. After publishing the notification under Section 13 with Slab III on 04.03.1994, another notification was published on 26.07.1995 changing the slab under Part II from Slab III to Slab I wherein the exemption from acquisition is only where the size of holding is not more than 1 Hectare and 61 Ares. Under Slab I (if the size of the benefitted holding is more than 1 Hectare and 61 Ares but not more than 2 Hectares and 42 Ares, the area to be acquired is that in excess of 1 Hectare and 61 Ares (the exempted area under Slab I) but not more than 40 Ares). If the size of the holding is more than 2 Hectares and 42 Ares and not more than 3 Hectares and 23 Ares (the exempted size of the holding under Slab III), the area to be acquired is the area in excess of 2 Hectares and 2 Ares but not more than 80 Ares.

5. The simple question is, in case there is a change in slab or area to be acquired, after the publication of the first notification, should there be a notice to those whose lands will be acquired on account of the change in the slab.

6. The High Court in the impugned judgment dated 07.06.2010, has taken the view that the public notice for hearing under Section 13 of the Act need only be in respect of the lands in the affected zone and benefitted zone and there is no requirement under the Act or under law, for notice when there is a change in the slab, and hence, the appeals.

7. Being a pure question of law, it is not necessary to delve deep into the facts and yet we shall refer to a few dates.

8. Notices under Section 13(2) of the Act inviting objections with respect to lands in the affected and benefitted zones were published on 20.09.