Bombay High Court Hears Challenge to Land Acquisition Notifications under Maharashtra Industrial Development Act, 1961 on Grounds of Non-Compliance with LARR Act, 2013. Petitioners Alleged That Acquisition Lapsed Due to Non-Payment of Compensation and Non-Taking of Possession Under Section 24(2) of the 2013 Act, and That Procedural Irregularities Vitiated the Notifications.

Writ petition under Article 226 of the Constitution of India challenging land acquisition proceedings under the Maharashtra Industrial Development Act, 1961 and seeking lapse under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

Petitioners sought quashing of notification dated 3 July 2006 declaring industrial area, notifications under Sections 32(2) and 32(1) of the MID Act, the award dated 2 February 2010, and notice for possession; also sought declaration that acquisition proceedings lapsed under Section 24(2) of LARR Act, 2013.

Petitioners alleged non-compliance with procedural requirements of the MID Act, non-payment of compensation, non-taking of possession, and arbitrary exclusion of certain lands from acquisition, and raised objections to valuation and development plans.

The acquisition proceedings had progressed with notifications, objections, and award; no prior judicial determination of the current petition is mentioned. A civil suit by another landowner resulted in setting aside of proceedings in similar circumstances (RCS 494 of 1994).

Whether the acquisition proceedings under the Maharashtra Industrial Development Act, 1961 were vitiated due to non-compliance with statutory notice requirements and improper publication of notifications. Whether the acquisition lapsed under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 due to non-payment of compensation and non-taking of possession for over five years. Whether the exclusion of certain lands and inclusion of petitioners' land was arbitrary and discriminatory. Whether the award dated 2 February 2010 was validly made after an inordinate delay.

No valid notice under Section 32(2) of the MID Act was served as the notice was undated and objections were filed. The notifications under Sections 32(2) and 32(1) were not properly published as required under Section 53 of the MID Act. The compensation was not paid to the petitioners despite the award, and possession was not taken, triggering lapse under Section 24(2) of LARR Act, 2013. The respondents manipulated dates and records, such as showing different dates for notification under Section 32(1). The land of petitioners should have been excluded similarly to Gat No.38, and MIDC had no objection to exclude some lands. The valuation was done at a lower price after delay.

It is the case of the petitioners that on 30th December 1981, the petitioners had purchased agricultural land admeasuring 35 acres, 36 gunthas comprised in Gat No.22 at Village Nagewadi, Taluka Jalna, District Jalna. On 3rd July 2006, by exercising powers conferred under Section 1(3) of the said MID Act, the State Government declared the date 7th July 2006 from which chapter VI of the Act shall take effect in the area as notified and declared the said area as an Industrial Area under Section 2(g) of the said MID Act. The petitioners have prayed for a writ of certiorari for quashing the Notification dated 3rd July 2006 issued by the State of Maharashtra declaring the lands of the petitioners to be the Industrial Area and also impugning the orders passed by the respondents including the Notification under Section 32(2) dated 9th April 2007, under Section 32(1) dated 18th October 2007 under the provisions of the Maharashtra Industrial Development Act, 1961.

30-12-1981: Petitioners purchased land Gat No.22. 2003: State issued notification acquiring certain lands, but petitioners' land excluded initially. 03-07-2006: Notification under Section 1(3) MID Act declaring industrial area including petitioners' land. 05-04-2007: Petitioners received undated notice under Section 32(2); filed objections on 05-05-2007. 09-04-2007: Notification under Section 32(2) published in gazette. 21-05-2007: Notification declaring government land as industrial area. 26-06-2007: SLAO forwarded objections to acquiring body. 11-07-2007: Acquiring body forwarded remarks. 17-09-2007: State overruled objections. 18-10-2007: Notification under Section 32(1) published; petitioners filed further objections. 08-01-2008: Demand for compensation. 10-10-2008: Government sanctioned valuation. 13-10-2008 & 27-12-2009: MIDC paid compensation. 08-01-2010: Remaining compensation paid. 02-02-2010: SLAO made award; notice under Section 32(5) for possession. 03-03-2010: Possession notice served. 08-09-2010: Possession handed over as per respondents. 22-06-2011: Petitioners' RTI application. 14-10-2011: Writ petition filed. 27-05-2014: Notice for payment of compensation; deposited in Civil Court on 04-09-2014. 10-10-2016: Representation to Minister.

• Maharashtra Industrial Development Act, 1961: 1(3), 2(g), 32(1), 32(2), 32(5), 53
• Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013: 24(2)
• Constitution of India, 1950: Article 226
• Right to Information Act, 2005: