High Court Shifting Notification Date to Remedy Lapsed Land Acquisition and Ensure Fair Compensation
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Case: YESHWANT WAMAN PATIL AND 11 ORS. v. MUNICIPAL CORPORATION OF GREATER MUMBAI AND 3 ORS.
Court: Bombay High Court
Date: 03-07-2026
Law: Land Acquisition Act, Constitution of India, Maharashtra Regional and Town Planning Act.
Highlights of the Judgment:
- Interpretation of the mandatory nature of the proviso to Section 6 of the Land Acquisition Act, 1894.
- Legal consequences of issuing a Section 6 declaration beyond the one-year statutory limit.
- Application of the "literal rule of interpretation" to clear and unambiguous statutory language.
- Analysis of the High Court's power under Article 226 to shift notification dates to balance public interest.
- Discussion on the right to property under Article 300-A as a constitutional and human right.
- Examination of the doctrine of "lapsing by operation of law" regarding acquisition proceedings.
- Rejection of the application of Section 126 of the MRTP Act to prior possession cases.