Zarina Dada And 3 Ors vs The State Of Maharashtra And 4 Ors

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The petitioners, heirs of Late Ahamad Izzat Mohammed Hasham Dada, challenged a land acquisition award dated 23 September 1986 and a corrigendum dated 5 April 2017 issued by the Special Land Acquisition Officer in respect of their land bearing Survey No. 247 Pt. No. 3, CTS 913 (part) admeasuring 3 Acres and 5½ Gunthas situated at Kurla, Mumbai, acquired for the public purpose of constructing the Santacruz-Chembur Link Road under notifications issued under Section 6 of the Land Acquisition Act, 1894 read with Sections 126(2) and (4) of the Maharashtra Regional and Town Planning Act, 1966.

The petitioners contended that their land was not lawfully included in the original award of 1986 and that the impugned corrigendum issued after a gap of 31 years was without jurisdiction and could not in law be used to include their land within the purview of the original award. The State and MMRDA contested these claims, relying upon the validity of the acquisition proceedings and the corrigendum.

The High Court examined the extent to which a corrigendum can be used to remedy omissions in a land acquisition award after a prolonged delay, the procedural requirements under the Land Acquisition Act, 1894, and the rights of landowners to fair compensation, criticising the conduct of the Special Land Acquisition Officer for leaving landowners to litigate for over 15 years due to procedural lapses.

Catchwords: land acquisition corrigendum to award Land Acquisition Act 1894 eminent domain public purpose Santacruz-Chembur Link Road MMRDA Maharashtra Regional and Town Planning Act award compensation delay writ petition Article 226 Bombay High Court