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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
M.S. SONAK, JITENDRA JAIN
Tushar Laxman Bhakare @ Chawhan – Appellant
Versus
Collector, through PLAQ, Pune – Respondent
JUDGMENT :
(M. S. Sonak) :
1. Heard learned counsel for the parties.
2. Rule. The Rule is made returnable immediately at the request of and with the consent of the learned counsel for the parties.
3. The respondent is the owner of the property admeasuring 3 Ha-39 Ares of land from Gat No.402 situated in Village Kalewadi, Tal. Indapur, District Pune.
4. By an award dated 7 December 2011, issued by the competent authority, the land measuring 2250 sq.mtrs belonging to the petitioner from Gat No. 402 was acquired. However, the petitioner asserts that possession of 10600 sq.mtrs of land was taken, although the award dated 7 December 2011 only referred to the 2250 sq.mtrs area.
5. On 15 June 2012, the Highway Authority issued a notification on page 61 of the paper book under Section 3(1) of the National Highways Act, 1956, regarding its additional area of 8350 sq.mtrs. However, such notification was not pursued. As a result, neither has any award been made for this additional area, nor has any compensation been paid to the petitioner for this extra area.
6. Typically, given the summary nature of our jurisdiction under Article 226 or 227 of the Constitution, we would have been reluctant to go in
The court affirmed that possession of land for public use requires legal authority and compensation, emphasizing that delay cannot bar just claims for compensation.
The State must follow legal procedures for land acquisition and cannot evade compensation obligations based on delay or laches.
The court held that delay does not negate the right to compensation for property unlawfully appropriated by the State, emphasizing the need for due process and just compensation under established law....
The right to property under Article 300-A mandates compensation for land acquisition, and the State cannot deprive landowners of their property without due process and compensation.
(1) State cannot shield itself behind ground of delay and laches in such a situation – There cannot be a limitation to doing justice.(2) Acquisition of land – Nobody can be deprived of liberty or pro....
Welfare State cannot deprive property without due process and compensation under Article 300A; cannot plead adverse possession or delay against owners seeking payment for land used in public road con....
Article 300A only limits powers of State that no person shall be deprived of his property save by authority of law.
The duty to compensate upon land acquisition is a constitutional safeguard, ensuring no individual is deprived of property without legal due process and fair compensation, embodied in Article 300A.
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