Civil Law
Mode of Citation- ILC-2017-SC-CIVIL-....
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Civil Law
Mode of Citation- ILC-2017-SC-CIVIL-....
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ILC-2016-SC-CIVIL-Feb-12

Chandrakant Adinath Utture Vs. State of Maharashtra & Ors.

Head Note

Civil Law  - Land Acquisition

Maharashtra Project Affected Persons Rehabilitation Act, 1986 - Section 13(1) and 14 - Land Acquisition - Notice - Change in slab or area to be acquired, after the publication of the first notification - Should there be a notice to those whose lands will be acquired on account of the change in the slab - High Court held to be not right in holding that the requirement of notice on objections and suggestions need only be in respect of the lands coming under Section 13(1)(a) of the Act (the affected zones) and Section 13(1)(b) of the Act (the benefitted zones) - High Court is right in holding that no notice is required in respect of the lands belonging to the slab under Section 13(1)(c) of the Act, when it is issued for the first time - However, in case there is a change in the slab reducing the area of exemption from acquisition in the benefitted zone, the procedure under Section 13 (2) of the Act is required to be followed - Appeals are disposed of permitting the appellants to prefer their objections or submit their suggestions on the change of slab from Slab III to Slab I before the Collector who shall make appropriate inquiry on the objections or suggestions and forward his report to the State Government for passing appropriate orders on the report - Depending on the orders thus passed by the Government, the Collector shall revise the awards already passed, if required.

Topic(s)-Land Acquisition - Notice required on change in slab or area







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