Title: Devidas S/o Kawdu Channe and Ors. v. State of Maharashtra & Ors.
Decided on: 8th AUGUST, 2023.
WRIT PETITION NO. 4977 OF 2023
CORAM: ANIL S. KILOR, J.
Facts of the Case
In this writ petition, the application filed under Section 28-A of the Land Acquisition Act, 1894 (hereinafter referred to as the “Act of 1984”) is rejected. The only ground raised in the petition is that without issuing notice and granting opportunity of hearing to the petitioners, the application was rejected. The petitioners also claimed enhanced compensation due to this reason.
The Respondents opposed the enhanced compensation claim on the grounds that the petitioners have signed an affidavit accepting that they will not claim enhanced compensation in the future.
Issues
- Whether rejection of the application filed under Section 28-A of the Land Acquisition Act, 1894 without issuing notice and granting opportunity of hearing is valid?
- Whether the Petitioner can claim enhanced compensation due to this reason?
Decision
The Court held that without granting an opportunity of hearing and by following the principles of natural justice, the application under Section 28-A of the Act of 1894 cannot be decided. As such, the impugned order suffers from non-compliance of the principles of natural justice.
The statutory right of the applicants to seek enhancement in the amount of compensation cannot be defeated in such manner. Such grounds are not tenable in the eyes of law.
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Written by- Aparna Gupta, University Law College & Dept. of Studies in Law
