Case Note & Summary
The petitioner, Rain Basera SRA CHS Limited, a Co-operative Housing Society, filed a writ petition before the Bombay High Court seeking directions to the Respondent No. 2 (the State authority) to rectify a typographical error in the Land Acquisition Gazette Notification dated 09.02.1973 and the Land Acquisition Award dated 14.06.1975. The error pertained to the mention of CTS No. 611 instead of the correct CTS No. 699. The property in question, CTS No. 611 admeasuring 438.50 sq. meters, is situated at Village-Malad (East), Taluka-Malad, District-Mumbai Suburban. The background of the case involved the acquisition of private land for the 'Goregaon-Mulund Link Road' project. On 19.03.1971, the Superintendent Engineer, Road Development Department requested the Additional Collector, Mumbai Suburban District to initiate acquisition proceedings. On 12.04.1971, the Additional Collector referred the matter to the Special Land Acquisition Officer, Highway, for commencing acquisition. A joint survey was conducted by the Deputy Engineer, Road Development, and Land Surveyor, District Superintendent of Land Records, Mumbai Suburban. The petitioner argued that a typographical error had crept into the notification and award, wrongly mentioning CTS No. 611 instead of CTS No. 699. The court, after hearing the counsel for the petitioner, the State, and Respondent No. 4, found that the error was apparent on the face of the record. The court directed the respondents to rectify the error within a period of four weeks from the date of the order. The petition was disposed of accordingly.
Headnote
A) Land Acquisition - Rectification of Typographical Error - Article 226 of the Constitution of India - Land Acquisition Act, 1894 - Petitioner sought correction of CTS No. 611 to CTS No. 699 in the Gazette Notification dated 09.02.1973 and Award dated 14.06.1975 - Court held that the error was apparent on the face of the record and directed the respondents to rectify the same within a specified period - Held that the High Court can exercise its writ jurisdiction to correct clerical mistakes in land acquisition documents (Paras 1-4).
Issue of Consideration
Whether the High Court can direct rectification of a typographical error in a land acquisition gazette notification and award where the wrong CTS number was mentioned.
Final Decision
The court directed the respondents to rectify the typographical error in the Land Acquisition Gazette Notification dated 09.02.1973 and the Land Acquisition Award dated 14.06.1975, by correcting CTS No. 611 to CTS No. 699, within a period of four weeks from the date of the order. The petition was disposed of.
Law Points
- Rectification of typographical error in land acquisition documents
- Power of High Court under Article 226 to correct clerical mistakes
- Land Acquisition Act
- 1894
