Case Note & Summary
The petitioner, Dr. Chandrashekhar Gattani, filed a writ petition challenging the acquisition of his land bearing Nazul Plot No. 41/1, admeasuring 6600 sq. ft., situated at Irvin Square, Amravati. The land was originally owned by Shri Saranjame, who leased it to Burma Shell Oil and Storage India Company Limited (later Bharat Petroleum Corporation Limited). After the lease expired, the petitioner obtained possession on 05/01/2012 through legal proceedings. The respondent No.3, Amravati Municipal Corporation, proposed to acquire the land for beautification of the precinct of Dr. Babasaheb Ambedkar's statue, which is situated adjacent to the land since 1970. The petitioner contended that the acquisition proceeding was initiated without following the mandatory procedure under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, specifically without issuing a preliminary notification under Section 11 and without conducting a Social Impact Assessment under Section 4. The court examined the facts and found that the acquisition was indeed initiated without complying with these mandatory provisions. The court held that any acquisition without following the procedure established by law is violative of Article 300A of the Constitution of India. Consequently, the court quashed the acquisition proceeding and allowed the petition. The court also noted that the Ministry of Law and Justice had published Ordinance No.4 of 2015 on 31/12/2014, but the acquisition was not saved by any such ordinance as the procedure was not followed.
Headnote
A) Land Acquisition - Public Purpose - Beautification of Statue Precinct - The acquisition was initiated for beautification of area surrounding Dr. Babasaheb Ambedkar's statue, which is a public purpose. However, the court examined whether the procedure under the Act of 2013 was followed. (Paras 3, 12) B) Constitutional Law - Right to Property - Article 300A - Violation of Procedure Established by Law - The acquisition was challenged as being in gross violation of Article 300A as the mandatory provisions of the Act of 2013 were not complied with. The court held that any acquisition without following the procedure established by law is violative of Article 300A. (Paras 3, 13) C) Land Acquisition - Procedure under RFCTLARR Act, 2013 - Preliminary Notification and Social Impact Assessment - The acquisition was initiated without issuing a preliminary notification under Section 11 and without conducting a Social Impact Assessment under Section 4 of the Act of 2013. The court held that these are mandatory steps and their non-compliance renders the acquisition invalid. (Paras 13, 14)
Issue of Consideration
Whether the acquisition proceeding initiated for beautification and development of area surrounding Dr. Babasaheb Ambedkar's statue is valid under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and whether it violates Article 14 and 300A of the Constitution of India.
Final Decision
The court allowed the writ petition and quashed the acquisition proceeding.
Law Points
- Right to Fair Compensation and Transparency in Land Acquisition
- Rehabilitation and Resettlement Act
- 2013
- Article 300A of the Constitution of India
- Article 14 of the Constitution of India
- Public Purpose
- Acquisition without following procedure
- Violation of fundamental rights
