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Bombay High Court quashes government order acquiring lands under slum development scheme on ground of fraud

The petitioner Bharat Patel approached the High Court for quashing of the notification issued by the State government on November 17, 2016 by which it acquired a property in the Mumbai suburbs as part of a slum redevelopment project.

On August 26, 2015, the SRA issued a public notice calling for owners of the land to show cause why the State government must not acquire the land under the rehabilitation scheme.

Patel immediately raised objections to the acquisition on the ground that he would develop the land himself. He also pointed out that a portion of the land was marked as “roads for public access” as per the city development plan. Without removing that reservation as road, no scheme could have been filed for by any party, and the owner’s no-objection was required to change the reservation, he contended.

Patel claimed that the SRA relayed to State government officials that the land owner had not objected to the acquisition proceedings. Instead of deciding those objections, Patel was served with a notice for fixing a date to hear on the payment of compensation, he submitted.

He then challenged the acquisition proceedings before the High Court in 2016. However, despite pendency of the writ petition, the State government issued the acquisition notification without granting a hearing to Patel, he said in the petition.

Source: Barandbench

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