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Supreme Court of India 2016-02-15 allowed

Chandrakant Adinath Utture vs State of Maharashtra & Ors

Bench: 2 — Kurian

In Brief

Under Maharashtra's Project Affected Persons Rehabilitation Act, 1986, the State may declare affected and benefitted zones and applicable acquisition slabs. The question was whether notice and hearing are required when the slab is changed after initial notification, reducing exempted holdings. The Court held: no notice is required for the first slab notification, but when a change reduces exemptions during project execution, the statutory procedure requiring public notice, objections, and State Government consideration must be followed. The Court allowed the appeals and directed the Collector to receive objections, report to the State Government within two months, and revise awards if necessary based on the State's orders."

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Land Acquisition Rehabilitation Administrative Law Statutory Procedure Notice and Hearing Civil Procedure

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