Case Note & Summary
The petitioners, Shree Nasik Panchavati Panjrapole and its trustees, challenged the land acquisition award dated 23 November 2023 passed by the District Collector, Nashik, acquiring their land admeasuring 17955.00 sq. mtrs in Survey No.288/3, Nashik. The petitioners were served a 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, fixing the personal hearing on 27 June 2023, which provided only 11 days instead of the mandatory minimum of 30 days. The petitioners filed objections on 3 July 2023 but did not appear for the hearing on 27 June 2023. The Collector considered the objections and made the impugned award. The petitioners argued that the failure to provide the minimum 30-day notice and the denial of a personal hearing vitiated the award, relying on M/s. Tirupati Developers v. Union of Territory of Dadra and Nagar Haveli. The respondents contended that the petitioners had filed objections and applied for a reference under Section 64 seeking enhancement of compensation, and that there was substantial compliance. The court held that the notice under Section 21(2) must provide a minimum of 30 days, and the failure to do so is a flagrant violation of the statutory mandate. The court rejected the argument of substantial compliance, stating that the provisions are mandatory. The court also noted that the petitioners were denied a personal hearing, which is a mandatory requirement under Section 23. Consequently, the court quashed the impugned award and directed the respondents to initiate fresh proceedings in accordance with law, if they so desire. The court clarified that the petitioners' application for reference under Section 64 would not prejudice their rights.
Headnote
A) Land Acquisition - Mandatory Notice Period - Section 21(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - The notice under Section 21(2) must provide a minimum of 30 days for the landowner to file objections and appear for a personal hearing. The notice dated 16 June 2023 fixed the hearing on 27 June 2023, providing only 11 days, which is a flagrant violation of the statutory mandate. Held that the acquisition proceedings are vitiated and the award is quashed (Paras 10-16). B) Land Acquisition - Personal Hearing - Section 23 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - The Collector is required to conduct an enquiry and hear objections before making an award. The failure to provide a personal hearing, despite the petitioner filing objections, renders the award invalid. Held that the award cannot be sustained (Paras 12-16). C) Land Acquisition - Substantial Compliance - Sections 21 and 23 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - The argument of substantial compliance is rejected as the statutory provisions are mandatory and not directory. The mere filing of objections does not cure the defect of inadequate notice and lack of hearing. Held that the award is quashed (Paras 13-16).
Issue of Consideration
Whether the failure to provide the minimum 30-day notice period under Section 21(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, and the denial of a personal hearing vitiate the land acquisition award.
Final Decision
The impugned award dated 23 November 2023 is quashed and set aside. The respondents are at liberty to initiate fresh proceedings in accordance with law, if they so desire. The petitioners' application for reference under Section 64 shall not prejudice their rights. Rule made absolute in both petitions.
Law Points
- Mandatory notice period under Section 21(2) of the Right to Fair Compensation and Transparency in Land Acquisition
- Rehabilitation and Resettlement Act
- 2013
- cannot be waived or diluted
- substantial compliance does not cure the failure to provide minimum 30 days
- personal hearing is a mandatory requirement
- award made without compliance is void.
