RASHID TUKADU BAGWAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is yet another case where the acquisition of land has been made without following the due process of law as envisaged under the provisions of Right to fair compensation and transparency in land Acquisition, Rehabilitation And Resettlement Act, 2013 (hereinafter referred to as "Act of 2013") and/or the provisions of Land Acquisition Act, 1894, thereby depriving the persons whose lands have been acquired without compensations. It is well settled that such right has been protected under Article 300A of the Constitution of India which envisages that a person cannot be deprived of their property save by authority of law. The Supreme Court and this Court have time and again in various decisions have recognized such rights of the owners of the land who were granted reliefs, considering that their lands were acquired without following due process of law.

(2.) In the present case also, we are confronted with similar situations wherein lands belonging to the Petitioners have been acquired, however, no compensation was paid to them. This to our mind is completely contrary to the objects and reasons for which the Act of 2013 was passed and brought into effect. It is a legislation which is intended to ensure that the owners of the land become partners in the development leading to an improvement in their post-acquisition social and economic status and for matters connected herewith and incidental thereto. The short object for which the Act of 2013 has been enacted is reproduced below :-

(3.) With such preface we note the relevant facts as set out in the memo of the present petition which are as under:-