ZARINA DADA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule, returnable forthwith.

(2.) The Petitioners have challenged impugned letter/order dated 5 September 2013, apart from merit, also on the ground of breach of principles of natural justice whereby, without giving any opportunity, before passing the impugned order, the Head of Social Development Ward of Mumbai Metropolitan Region Development Authority (for short, "MMRDA") has decided the compensation for the affected area of land owned by the Petitioners, after deducting the alleged Authority's expenditure from the amount to the extent of Rs.1,68,00,000/ (Rupees one crore sixty eight lacs only), without providing any details in the order.

(3.) The submission is made by referring to Sections 299 and 301 of the Mumbai Municipal Corporation Act, 1888, (for short, "the MMC Act") as those sections deal with the procedures to be followed while acquiring the land or land occupied by platforms, within the regular line of a street, and the compensation to be paid in such cases that, there is no requirement of prior hearing or any opportunity as contemplated under law.