Back
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
M.S. Sonak, Jitendra Jain, JJ.
SHREE NASIK PANCHAVATI PANJRAPOLE PANCHAVATI THR. ITS MANAGING TRUSTEE AND ORS – Appellant
Versus
District Collector, Nashik Collector Office, Nashik – Respondent
JUDGMENT :
1. Heard learned Counsel for the parties.
2. The learned Counsel for the parties state that substantially the same issues of law and facts are involved in both these Petitions. Only the date of the notices and the notifications might be slightly different. Accordingly, they agree that a common Judgment and Order can dispose of both Petitions. The learned counsel for the parties agree that Writ Petition No.11299 of 2024 may be treated as the lead Petition.
3. Rule in both petitions. The rule is made returnable immediately at the request of and with the consent of learned counsel for the parties.
4. The Petitioners challenge the impugned Award dated 23 November 2023 in Land Acquisition Case No.05 of 2022 by which Petitioners land admeasuring 17955.00 sq.mtrs, Survey No.288/3, Nashik was acquired.
5. Mr. Ahuja, the learned Counsel for the Petitioners, submits that Notice dated 16 June 2023 under Section 21(2) of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act,2013 (“the Act of 2013”) did not give the Petitioners minimum prescribed 30-day time to object to the acquisition and appear for a personal hearing before the Collecto
The right to a personal hearing in land acquisition proceedings is fundamental, and failure to provide adequate notice and opportunity to be heard violates statutory requirements.
Personal hearing is a statutory requirement under Section 21(2) of the Act; failure to provide this violates natural justice and invalidates any acquisition award.
The acquisition process must comply with statutory provisions of timely final notification and personal hearing, failure of which undermines legal validity.
Public notice under the Land Acquisition Act suffices for informing interested parties; individual notice is not required, and excessive delay in challenging acquisition proceedings can bar claims.
Section 11A of Act, Collector has to make an award under Section 11 within a period of two years from date of publication of declaration and if no award is made within that period, entire proceedings....
The judgment emphasizes the importance of compliance with the Land Acquisition Act and the availability of remedies under Section 64 for resolving grievances related to compensation and acquisition p....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
