Take interest of public in view in land acquisition cases — HC

The petition had been filed by Kantilal Mohanlal Shah and others challenging the award dated April 18, 1998, passed under the Land Acquisition Act for widening a road in a congested part of the city — at the intersection of Laxmi Road and Bajirao Road in Narayan Peth. The PMC had served notices to shopkeepers located at the property of Huzurpaga school on Laxmi Road.

With the Bombay High Court dismissing the petition, the PMC will initiate the land acquisition proceedings within two days. While giving the order, the court made a few observations related to land acquisition proceedings. It said India had launched an ambitious programme of all round advancement to make the economy competitive in the world market.

The infrastructure for sustaining such a pace is woefully lacking. The means of transportation, power and communications are in dire need of substantial improvement. These things very often call for acquisition of land and that too, without delay. It is, however, natural that affected persons challenge the acquisition proceedings in courts. In the matter of land acquisition for public purposes, the interests of justice and public interest should coalesce.

In fact, it may be even open to the High Court to direct that affected people be entitled to a particular amount of damages if the court finds that the acquisition was vitiated on account of non compliance with some legal requirement, the court observed.