1996 (12) TMI 353 - SC - Indian Laws

Whether the entire process of the issuance of the notice under Section 28 involving consideration of the objections and passing of the final plan after consideration is required to be gone through? Held that - By operation of Section 127 of Maharashtra Regional & Town Planning Act, 1966, where any land is included in any of scheme as being reserved, allotted or designated for any purpose specified therein or for the purpose of Planning Authority or Development Authority or Appropriate Authority and the State Government is satisfied that the same land is needed for a public purpose different from any such public purpose or purpose of the Planning Authority, Development Authority Appropriate Authority, the State Government may notwithstanding anything contained in this Act, acquire such land under the provisions of the Land Acquisition Act, l894. Sub-section (3) envisages that on the land vesting in the State Government under Section 16 or 17 of the Land Acquisition Act, 1894, as the case may be, the relevant plan or scheme shall be deemed to be suitably varied by reason of acquisition of the said land. Thus it could be seen that once a notification under section 4(1) was published and declaration under Section 6 of the Land Acquisition Act came to published, the public purpose becomes conclusive and for any variation without substantial formalities, it is not necessary that the entire process of re-publication of the notification under Section 28, finding having been recorded under both the Section 31 read with Section 37, requires to be followed. The view of the High Court, therefore, was not correct. In the absence of notice or failure to serve notice, the award does not become invalid. Due to the fact that immediately after the award and before the publication of the award, the writ petition came to be filed on September 25, 1980, we direct the appellants to make an application within six weeks under Section 18(1) of the Land Acquisition Act seeking reference. The land Acquisition Officer is directed to refer the matter to the competent civil Court for disposal within two months according to law. Appeal allowed.

Summary

Issues:
1. Validity of the notification under section 4(1) and declaration under Section 6 of the Land Acquisition Act.
2. Effect of corrigendum issued by the Government on the validity of the award.
3. Requirement of following the procedure under Sections 28, 31, and 37 of the Act after modification of a scheme.
4. Validity of the award in case of lack of notice under Section 9 of the Land Acquisition Act.

Analysis:

The judgment by the Supreme Court dealt with appeals arising from a judgment of the Bombay High Court regarding proceedings initiated under the Maharashtra Regional & Town Planning Act, 1966. The High Court upheld the validity of the notification under section 4(1) and declaration under Section 6 of the Land Acquisition Act but found the award invalid due to a corrigendum issued by the Government. The Court examined whether the entire process under Sections 28, 31, and 37 needed to be followed after a modification in the scheme. The Court noted that the corrigendum modified the reservation to 'informal housing' and stable, restoring the final plan which included residential and commercial zones. It was held that the process of re-publication of the notification under Section 28 was not required due to the conclusive public purpose established by the initial notification and declaration under the Land Acquisition Act.

Regarding the lack of notice under Section 9 of the Land Acquisition Act, the Court dismissed the argument that the award was invalid due to the absence of notice. The Court directed the appellants to make an application under Section 18(1) of the Land Acquisition Act within six weeks for reference to the competent civil Court for disposal within two months. Ultimately, the appeals were allowed without costs, emphasizing the importance of following statutory procedures and the conclusive nature of the public purpose established under the Land Acquisition Act.