Headnote
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The petitioners, heirs and legal representatives of Late Ahamad Izzat Mohammed Hasham Dada, challenged the legality of a Corrigendum dated 5 April 2017 issued to a Land Acquisition Award dated 23 September 1986, by which the Special Land Acquisition Officer purported to include the petitioners' land bearing Survey No. 247 Pt. No. 3, CTS 913 (part) admeasuring 3 Acres and 5½ Gunthas at Kurla, Mumbai within the scope of the original award, some 31 years after its declaration. The petitioners contended that their land had been omitted from the award, and that such omission could not be rectified by issuance of a corrigendum after such an inordinate delay, making the corrigendum void and unrecognisable in law.
The acquisition was initiated 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, for the public purpose of constructing the Santacruz-Chembur Link Road. The Bombay High Court examined the propriety and legality of the corrigendum, the conduct of the Special Land Acquisition Officer, and the failure to follow the substantive requirements and procedural safeguards mandated under the Land Acquisition Act, 1894 before divesting landowners of their property.
The Court observed that the present case involved an extraordinary instance of official carelessness and improper application of land acquisition procedure, compelling the petitioners to litigate for over fifteen years. The judgment examined the settled legal position on corrigenda to awards, the scope of eminent domain, and the rights of landowners to compensation, in the context of the Land Acquisition Act, 1894 as it applied to the subject acquisition, the 2013 Act having since repealed the same.
Catchwords:
land acquisition
corrigendum to award
Land Acquisition Act 1894
eminent domain
public purpose
compensation
Maharashtra Regional and Town Planning Act 1966
Santacruz-Chembur Link Road
MMRDA
delay
writ petition
Article 226
Bombay High Court
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Full Judgment Text
```json
{
"title": "Zarina Dada And 3 Ors vs The State Of Maharashtra And 4 Ors",
"case_number": "Writ Petition No. 1630 of 2018",
"side": "civil",
"date_of_judgment": "2026-07-13",
"bench": "G. S. Kulkarni J., Rajesh S. Patil J.",
"reportable": false,
"parties_petitioner": "Zarina Dada, Saadia Maqdoom Moosa, Nasreen Saleh Salim, Farah Dada",
"parties_respondent": "The State of Maharashtra, The Collector Mumbai Suburban District, The Deputy Collector (Land Acquisition) No. 4, Special Land Acquisition Officer No. 4, Mumbai Metropolitan Region Development Authority",
"result":
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