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B. P. COLABAWALLA, M. M. SATHAYE
Vitthal Rama Pawar (Katkari) – Appellant
Versus
Deputy Collector (Acquisition) Raigad-Alibag – Respondent
JUDGMENT :
B.P. COLABAWALLA, J.
1. Rule in all the above Writ Petitions. The Respondents waive service. With the consent of parties, Rule made returnable forthwith and heard finally.
2. All the above Writ Petitions have been filed raising the same question of law, namely, (i) in acquisition proceedings, whether an Award can be passed without applying the multiplier factor as specified in the 1st schedule of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short ‘the 2013 Act’); (ii) whether the notification issued under the 2nd entry of the 1st schedule of the 2013 Act [specifying the multiplier factor], read with Section 26(2) thereof, is mandatory before making an Award; and (iii) where acquisition proceedings have been initiated under the Land Acquisition Act, 1894 (for short ‘the 1894 Act’) and no Award under Section 11 thereof is passed, then after the coming into force of the 2013 Act, within how much time the Award has to be passed. These are the three basic core questions to be decided in the above Writ Pet
The main legal point established in the judgment is that passing an Award without applying the multiplier factor specified in the 1st schedule of the 2013 Act would be contrary to the provisions of S....
(1) Lapse of land acquisition proceeding – Section 11A of 1894 Act and Section 25 of 2013 Act prescribe two different periods of limitation with adverse consequences, as on failure to make award acqu....
Land acquisition proceedings are invalid if statutory requirements are not met, particularly regarding notifications and timelines, as established by the Land Acquisition Act and the 2013 Act.
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