HC finds 1986 SCLR land acquisition faulty, orders payout
MUMBAI, July 15 -- The Bombay High Court on Monday has set aside a 1986 land acquisition award and a 2017 corrigendum related to the acquisition of a Kurla land parcel for the Santacruz-Chembur Link Road (SCLR), finding the acquisition process faulty as notices were served on the wrong persons instead of the actual landowners.
The case was contested by four legal heirs of Ahamad Dada, who owned a 1,613 sq m portion of land acquired for the SCLR project. They argued that neither Ahamad nor his heirs were issued notices under the Land Acquisition Act before the land was taken over through an acquisition award in September 1986. They also challenged a corrigendum issued in April 2017, arguing that the corrigendum sought to rectify the lapse of omission of their land in the award more than three decades later.
In its 126-page judgement, a division bench of Justices G S Kulkarni and Rajesh Patil found that the Special Land Acquisition Officer (SLAO) had issued notices to persons who were not the owners of the land and also failed to rectify the mistake before taking possession in 2005.
The land belonged to Ahamad Dada, who died in 1984. In 1982, the state government had proposed acquiring over 10,977.5 sq m in Kurla and 112.5 sq m land in Chembur for the SCLR project.
The petitioners said their predecessor never received any notice regarding acquisition or compensation. The SLAO instead issued the notice to unrelated persons.
The court noted that possession of the petitioners' land was taken on April 7, 2005 without notice. They contended that in 2017, the Deputy Collector (Land Acquisition) informed them that compensation of Rs.2.72 lakh had been fixed, which they did not accept.
The court further noted that the Deputy Collector (Land Acquisition) admitted in an affidavit that the land had been wrongly described in official records. However, he argued that the land had already been used for a public project and therefore they could not be granted any relief now.
The court, however, called the acquisition of the land a "factual blunder", and ruled that the defect could not be corrected by issuing a corrigendum 31 years after the original acquisition award. It has now directed the state to determine compensation for the land based on its current market value within three months....
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