High Court Exercises Article 226 Power to Rectify Decades-Old Typographical Errors in Land Acquisition Awards.
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Case: RAIN BASERA SRA CHS LIMITED v. THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY
Court: Bombay High Court
Date: 07-07-2026
Law: Maharashtra Regional and Town Planning Act, Land Acquisition Act, Constitution of India, Maharashtra Slum Areas (Improvement Clearance and Redevelopment) Act, Maharashtra Land Revenue Code, Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act.
Highlights of the Judgment:
- Examination of the High Court's extraordinary jurisdiction under Article 226 to rectify long-standing clerical errors in land acquisition awards.
- Analysis of the "functus officio" doctrine and its limitations when authorities are faced with admitted typographical mistakes in statutory notifications.
- Interpretation of Section 126 of the Maharashtra Regional and Town Planning Act, 1966, in conjunction with the Land Acquisition Act, 1894.
- Discussion on the interplay between statutory bars of limitation for correcting awards and the constitutional mandate to prevent manifest injustice.
- Application of judicial precedents regarding the correction of "bona fide" errors in revenue records and property register cards.
- Evaluation of the legal principle that petitioners cannot be left remediless due to administrative oversight and inadvertent recording errors.