Case Note & Summary
The dispute arose from the petitioner's claim regarding land bearing Gat No. 326, which was utilized for the construction of State Highway No. 7 without proper land acquisition proceedings or compensation. The petitioner, an agriculturist, sought to quash an order from the Collector of Nandurbar that denied compensation and acquisition for the land used for the road. The petitioner argued that despite repeated requests for compensation, the authorities failed to act, leading to the filing of multiple writ petitions. The court noted that the land was initially part of a road development scheme published in 1981, and despite the road's status changing to a State Highway, no acquisition proceedings were initiated. The respondents contended that the petitioner had delayed in raising the issue and that the road was a non-plan road, thus not requiring acquisition. However, the court found that the respondents had not followed due process as mandated by law, particularly under Article 300-A of the Constitution, which protects against deprivation of property without compensation. The court emphasized that mere absence of objection from the petitioner did not equate to consent for the deprivation of property. Ultimately, the court allowed the writ petition, directing the respondents to initiate acquisition proceedings and submit a proposal for compensation as per the relevant laws.
Headnote
A) Constitutional Law - Right to Property - Deprivation of Property - Article 300-A of the Constitution of India - The court held that the respondents could not deprive the petitioner of his property without following due process of law, as the land was utilized for public purpose without initiating acquisition proceedings. The absence of lawful surrender or consent invalidated the respondents' claim to the land (Paras 25-25).
Issue of Consideration
Whether the respondents were required to initiate land acquisition proceedings for the petitioner's land utilized for road construction without compensation.
Final Decision
The court allowed the writ petition, directing the respondents to submit a proposal for acquisition of the writ land within two months and to initiate acquisition proceedings as per the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
Law Points
- Article 226 of the Constitution of India
- Land Acquisition Act
- 1894
- Right to Fair Compensation and Transparency in Land Acquisition
- Rehabilitation and Resettlement Act
- 2013
