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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
B.P. Colabawalla, Somasekhar Sundaresan, JJ.
Vilas Damu Shinde and ors. – Petitioners
Versus
Special Land Acquisition Officer and ors. – Respondents
Writ Petition No. 8115 of 2014
Decided On : 02-01-2024
Land Acquisition Act - Notice - Section 4, Section 5A, Section 9, Section 11, Section 12(2), Section 16 - The court considered whether the Petitioners had been given due notice under the Land Acquisition Act, 1894 in respect of a piece of land co-owned by them when it was acquired in 1989. The court found that the Petitioners had notice of the acquisition process and were aware of their ownership interest in the land. The court held that the Petitioners were not entitled to claim absence of notice under Section 4(1) and that the acquisition process was not vitiated by lack of notice. The court directed the State to calculate and pay interest on the compensation applicable to the land in compliance with Section 34 of the Act.
Fact of the Case:
The Petitioners claimed they had no notice of the proposed acquisition of a piece of land under the Land Acquisition Act, 1894 and therefore had no opportunity to raise objections. They sought compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
Finding of the Court:
The court found that the Petitioners had notice of the acquisition process and were aware of their ownership interest in the land. The court held that the Petitioners were not entitled to claim absence of notice under Section 4(1) and that the acquisition process was not vitiated by lack of notice. The court directed the State to calculate and pay interest on the compensation applicable to the land in compliance with Section 34 of the Act.
Issues: The core issue was whether the Petitioners had been given due notice under the Land Acquisition Act, 1894 in respect of a piece of land co-owned by them when it was acquired in 1989.
Ratio Decidendi: The court held that the Petitioners were not entitled to claim absence of notice under Section 4(1) and that the acquisition process was not vitiated by lack of notice. The court directed the State to calculate and pay interest on the compensation applicable to the land in compliance with Section 34 of the Act.
Final Decision: The court made the rule absolute and disposed of the Writ Petition, directing the State to calculate and pay interest on the compensation applicable to the land in compliance with Section 34 of the Act. There was no order as to costs.
JUDGMENT :
Somasekhar Sundaresan, J.
1. Rule. Respondents waive service. With the consent of parties, Rule made returnable forthwith and heard finally.
2. The core issue that falls for consideration in the captioned Writ Petition is whether the Petitioners had been given due notice under the Land Acquisition Act, 1894 (“1894 Act”) in respect of a piece of land co-owned by them when it was acquired in 1989 in connection with the Kasarsai Irrigation Project.
3. The land in question is situated at Survey No. 19/2 [admeasuring 2 Hectares and 63 Are] at Village Nere, Taluka Maval, District Pune, out of which, land admeasuring 1 Hectare and 60 Are was the subject matter of acquisition under the 1894 Act [for short the “19/2 Land”]. The Petitioners were also owners of other parcels of land being Gat No. 26A, Gat No. 26B and Gat No.26C [admeasuring 3 Hectares and 20 Are] [collectively, referred to as the “26ABC Land”]. The acquisition in question, right from the Section 4 notification to the Award passed in the matter, covered both, the 19/2 Land and the 26ABC Land.
4. According to the Petitioners, they had no notice of the proposed acquisition in terms of Section 4(1). As a result, they would contend, they had no opportunity of raising objections under Section 5A, being unaware that their land was being acquired. Consequently, they contend, the acquisition is vitiated because due process under law is not complied with. For the reasons articulated below, and after giving our anxious consideration to the material on record, we are unable to agree with the Petitioners.
ARRAY OF PARTIES
5. The Petitioners, namely, Mr. Vilas Damu Shinde-Petitioner No.1, Mr. Dattu Bhau Shinde-Petitioner No. 2 and Mr. Maruti Vitthal Shinde-Petitioner No. 3 are all residents of Village Nere. The Petitioners had purchased the 19/2 Land from Respondent No. 5 viz. Mr. Damu Bapu Jadhav vide a registered deed dated July 26, 1979.
6. Respondent No. 1 is the Special Land Acquisition Officer; Respondent No. 2 is the District Resettlement Officer, Pune; Respondent No. 3 is the Divisional Commissioner, Revenue, Pune; and Respondent No. 4 is the State of Maharashtra.
7. In the course of the proceedings, Respondent No 5 passed away and has since been replaced by his heirs and legal representatives.
8. Respondent No.6 viz. Mr. Soma Jaywant Yewale is a project affected person to whom the 19/2 Land is said to have been allotted. Since Respondent No 6 had passed away at the time of filing of the above Writ Petition [in 2014], his heirs and legal representatives were also made Respondent Nos.6A to 6E [collectively, “Respondent No 6”].
9. Meanwhile, the land in question (19/2 Land) is purported to have been sold by the various legal representatives of Mr. Yewale to Respondents No. 7 to 9 vide a registered sale deed dated July 5, 2013. These Respondents, in turn, purport to have developed the land so acquired, and purport to have sold sub-plots to multiple other parties between 2013 and 2016, with consequential mutation entries being made.
FACTUAL MATRIX
10. On February 6, 1981, the Kasarsai Irrigation Project was declared a public purpose project for which land was to be acquired. By this date, the Petitioners’ names had not been entered as the owners in the State’s land and revenue records. Therefore, on December 1, 1986, the Petitioners applied to the Collector, Pune and to Respondent No. 2, viz. the District Resettlement Officer, Pune to record the sale deed dated July 26, 1979, looking to the fact that the sale deed had been executed well prior to February 6, 1981. The Petitioners were directed by these authorities to approach the village Talathi, which led to an application being made on December 2, 1986, who on the same date, by Mutation Entry No. 1602, recorded the names of the Petitioners as the owners of the 19/2 Land.
11. Thereafter, in relation to the 19/2 Land as well as the 26ABC Land, a notification under Section 4 was published on October 12, 1989. A declaration that the sa
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