CHANDRAKANT ADINATH UTTURE versus STATE OF MAHARASHTRA & OTHERS
[2016] 2 S.C.R. 193, Supreme Court of India, 2016
Outcome: Appeal(s) allowed (Granted)
Segment: Ratio
[2016] 2 S.C.R. 193 
CHANDRAKANT ADINATH UTTURE 
v. 
STATE OF MAHARASHTRA & OTHERS 
(Civil Appeal No. 1346 of2016) 
FEBRUARY IS, 2016 
[KURIAN JOSEPH AND ROHINTON FALi NARIMAN, JJ.) 
A 
B 
Maharashtra Project Affected Persons Rehabilitation Act, 
1986 - ss. 13, 14 - Rehabilitation of affected persons from the 
benefitted zone -. Declaration of areas in affected and benefitted C 
zone by State Government as also extent of land acquired in the 
benefitted zone as per the slab - Change in slab or area to be 
acquired, after the publication of the first notification - Requirement 
of issuing notice to those whose lands would be acquired on account 
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of the change in the slab - Held:'#'hen there is a change in the 
slab, reducing the area of exemption from acquisition in the benefitted 
D 
zone, the procedure uls. 13(2) is to be followed which requires giving 
of public notice inviting objections. 
Allowing the appeals, the Conrt 
HELD: 1.1 The whole purpose of notice under sub-Section 
(2) of Section 13 of the Maharashtra Project Affected Persons 
Rehabilitation Act, 1986 is to invite objections or suggestions in 
respect of the lands falling under the affected or benefitted zone. 
By change of slab, there is change in. the area of the benefitted 
zone and that change can be brought out only on following the 
procedure nnder sob-Section (2) after considering the objections 
and suggestions. [Para l2) [200cF-G] 
1.2 Under sub-Section (4) of Section 14, the Government 
is
permitted to acquire land even from any other villages or areas 
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for the purpose of rehabilitating the affected persons from the 
·affected zone or for rehabilitating those under any project who 
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have remained to be rehabilitated. Once there is a change in the 
notification on the slab reducing the size of exempted holding, 
the people thus affected should get a chance to make their 
objections and suggestions, so that the Government may consider 
the report of the Collector on those objections and suggestions, 
193 
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(2016] 2 S.C.R. 
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before issuing a revised notification u/s. 13(1) of the Act. [Para 
13] (200-G-H; 201-A] 
1.3 Passing of the award by itself does not mean that any 
illegality should not be addressed. In the instant case, the writ 
petitions were filed when the declaration under Section 6 of the 
B Act was published, and in any case, it is submitted by the appellants 
that they have not been dispossessed so far and no compensation 
also has been paid. Therefore, the High Court was not right in 
holding that the requirement of notice on objections and 
suggestions need only be in respect of the lands coming under 
c Section 13(1)(a) of the Act (the affected zones) and Section 
13(1)(b) of the Act (the benefitted zones). The High Court is right, 
however, in holding that no notice is required in respect of the 
lands belonging to the slab under Section 13(l)(c) of the Act, 
when it is issued for the first time. However, in case there is a 
change in the slab reducing the area of exemption from acquisition 
D 
in the benefitted zone, the procedure under Section 13 (2) of the 
Act is required to be followed. The appellants are permitted to 
prefer their objections or submit their suggestions on the change 
of slab from Slab III to Slab I before the Collector. [Paras 15 - 17) 
(201-F-H; 202-A-B) 
E 
CIVIL APPELLATE JURISDICTION : Civil Appeal No. I 346 
F 
of2016 
From the Judgment and Order dated 07.06.2010 in WP No. 1144 
of2002 by the High Court
of Judicature at Bombay 
C.A. No. 1348 of2016 
& C.A. No. 1350 of2016 
WITH 
Harshvardhan Reddy, Senthil Jagadeesan, Aman Vachher, 
Ashutosh Qubey, Abhishek Chauhan, (For P.N. Puri), Advs. for the 
G 
Appellants. 
H 
Satyajit A. Desai, Akash Kakade, Nishant Ramakantrao 
Katneshwarkar, Advs. for the Respondents. 
The Judgment of the Court was delivered by 
KURIAN, J.: !. Leave granted.
CHANDRAKANT ADINATH UTTURE v. STATE OF 
MAHARASHTRA [KURIAN, J,] 
2. The Maharashtra Project Affected Persons Rehabilitation Act, 
• · 1986 (hereinafter referred to as "the Act") is a piece of legislation 
· intended for rehabilitation of persons affected on implementation of certain 
projects in the State of Maharashtra "on the lands acquired from the 
zones benefitted by the projects. The Act is applicable to all irrigation 
projects of which the area of the affected zone exceeds 50 Hectares or 
the area of the benefitted zone exceeds 200 Hectares or where a gaothan 
. is affected. The State Government is also entitled to make the Act 
applicable to other projects as well to which the Act is applicable. The 
affected zone is defined as the area declared under Section 13 of the 
Act to constitute the extent of the area affected uricle"t a partic_µlar project. 
Benefitted zone means the area declared under Section 13 of the Act to 
constitute the area of the benefitted zone under the project. Rehabilitation 
under the scheme of, the Act of the affected persons is done mainly by 
acquiring lands corning under the benefitted zone. In the present case, it 
is the Chikotra project. 
195 
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3. Under Section 13 of the Act, the State Government has to 
D 
make a declaration of areas in affected and benefitted zones and also 
che extent ofland to be acquired irt the benefitted zone is as perthe slabs 
·mentioned in Part 11 of the Schedule. As far as extent of area
coi1stituting 
the affected zone under the project and the extent of area constituting 
the benefitted zone is cc\ncerned, it is cfoarly provided under Section · 
13(2) of the Act that a public notice inviting objections or suggestions· is 
E 
to be issued. After considering the objections and suggestions only, a 
notification under Section 13 (1) of the Act could be published in the 
official gazette and by other modes of publication as provided under the 
Act. 
4. In the instant case, there is no dispute on that procedure. The 
dispute is in a narrow compass. In the gazette notification originally 
published, the slab under Part JI was Slab III whereunder there is no 
acquisition in case the holding in the benefitted zone is not more than 3 
Hectares and 23 Ares. Under all slabs, larger the holding, proportionately 
larger is the acquisition. After publishing the notification under Section 
13 with Slab Ill on 04.03 .1994, another notification was published on 
26.07.1995 changing the slab under Part II from Slab III to Slab I wherein 
the exemption from acquisition is only where the size of holding is not. 
more than I Hectare and 61 Ares. Under Slab I (ifthe size of the benefitted 
holding is more than 1 Hectare and 61 Ares but not more than 2 Hectares 
and 42 Ares, the area to be acquired is that in excess of 1 Hectare and 
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SUPREME COURT REPORTS 
[2016] 2 S.C.R. 
61 Ares (the exempted area under Slab I) but not more thaR 40 Ares). If 
the size of the holding is more than 2 Hectares and 42 Ares and not 
more than 3 Hectares and 23 Ares (the exempted size of the holding 
under Slab III), the area to be acquired is the area in excess of2 Hectares 
and 2 Ares but not more than 80 Ares. 
5. The simple question is, in case there is a change in slab or area 
to be acquired, after the publication of the first notification, should there 
be a notice to those whose lands will be acquired on account of the 
change in the slab. 
6. The High Court in the impugned judgment dated 07 .06.20 I 0, 
has taken the view that the public notice for hearing under Section 13 of 
' 
the Act need only be in respect of the lands in the affected zone and 
benefitted zone and there is no requirement under the Act or under law, 
for notice when there is a change in the slab, and hence, the appeals. 
7. Being a pure question of law, it is not necessary to delve deep 
into the facts and yet we shall refer to a few dates. 
8. Notices under Section l 3(2)'oftheAct inviting objections with 
respect to lands in the affected and benefitted zones were published on 
20.09.1993, 22.11.1993 and 03.12.1993. After considering the objections, 
the notification under Section 13( 1) of the Act was issued and published 
in the gazette on 04.03.1994. There were around 500 project affected 
khatedars and the land
estimated for the rehabilitation was around 653 
Hectares. As per the notified Slab III, exempted size of holding being 
upto the extent of 3.43 Hectares, th.e land available for acquisition was 
only around 179 Hectares, as per the respondent. However, if the slab 
was changed from Slab III to Slab I, the land available for acquisition 
would be around 548 Hectares. It was hence and in that context, another 
notification was published on 26.07 .1995 changing the slab from Slab III 
to Slab I. According to the appellants, though there is no requirement 
under Section 13 of the Act for a notice and hearing while issuing a 
notification for the first time under Section 13(1) of the Act, when there 
is a change in the slab reducing the exempted area, the affected persons 
are entitled to notice. 
9. Jn order to appreciate the contention, we have to analyse the 
scheme of the Act under Sections 13 and 14 of the Act dealing with the 
declaration of areas in the affected and benefitted zones and the Schedule. 
Sections 13 and 14 read as follows:
CHANDRAKANT ADINATH UTTURE v. STATE OF 
197 
MAHARASHTRA [KURlAN, J.] 
"Section 13: Declaration of areas in affected or benefitted 
A 
zones 
( 1) The State Government shall, by notification in the Official 
Gazette and also by pub~fication of such notification in the 
manner provided in sub-section (2) of section 11, declare-
B 
(a) th.e extent of area which shall constitute the area of 
affected zone under the project; 
(b) if the project is an irrigation project, the extent of area 
which shall constitute the area ofbenefitted zone under the 
project; 
(c)which ofthe slabs mentioned in Part II of the Schedule 
shall apply to such project for the purpose of acquisition of 
land in the benefitted zone. 
c 
(2) Before publishing a notification under sub-section (1 ), the 
Collector shall give a public notice inviting objections or 
0 
suggestions in respect of the lands falling under clauses (a) 
and (b) of sub-section( i}, by publishing in the manner specified 
in sub-section (2) of section 11 and also in the Official Gazette 
and in one daily newspaper in the Marathi language circulating 
in the local area comprising such villages and areas ofaffected 
and benefitted zone. Any person interested in the land in such 
areas may make, objections or suggestions, if any, to the 
Collector within 30 days from the date on which such public 
notice is published by beat of drum in the village or area 
concerned or the date on which it is published in the newspaper 
as aforesaid,
whichever is later; and the Collector shall, with 
all reasonable dispatch, forward any objections or suggestions 
so made together with his report in respect thereof to the State 
Governmentand on considering the report and the objections 
and suggestions, if any, the State Government may pass such 
order as it deems fit. 
(3) If at any time during the course of execution of a project, 
the project authority is satisfied that any change in the areas 
mentioned in the notification under subsection (1) is necessary, 
it shall communicate such change with reasons and the plans 
and particulars relating to the change to the State Government 
through the Collector. 
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SUPREME COURT REPORTS 
[2016] 2 S.C.R. 
(4) On receipt of the communication under sub-section (3) 
and the report of the Collector, if any, the State Government 
rnay after considering the reasons given by the project authority 
and in the report, if any, of the Collector and making such 
enquiry, if any, as it thinks fit, make such change in the manner 
laid down in sub-sections ( 1) and (2). 
Section 14: Power to acquire land for purposes of this Act 
( 1) The State Government or the Collector authorised by it by 
general or special order in this behalf may enter into an 
agreement with any person for the purchase or exchange of 
any land required for carrying out the purposes of this Act: 
Provided that, the amount paid under an agreement under 
this sub-section shall not be less than the amount of 
compensation payable for the land, had it been acquired in 
accordance with the provisions of sub-section (2). 
(2) Subject to the provisions of this section, the State 
Government may for carrying out the purposes of t\lis Act, 
also compulsorily acquire land under the Land Acquisition Act, 
1894 (I of 1894); and the acquisition of any land for any of the 
said purposes shall be deemed to be a public purpose within 
the meaning of that Act. 
(3) The State Government may also acquire lands included in 
a gaothan in the affected zone as far as practicable according 
to the provisions of Part I of the Schedule. 
( 4) For the purpose of rehabilitating
affected persons from the 
affected zone under an-irrigation project, including those under 
any irrigation project who have remained to be rehabilitated, 
on land, the State Government may acquire land from holdings 
in the benefitted zone of the project according to the slab 
declared in the notification under sub-section ( 1) of section 13 
and may also acquire, where necessary, land from any other 
villages or areas, as it may deem fit. 
(5) All lands acquired under this section shall form part of the 
land pool." 
10. Slab I and Slab III in Part II under the Schedule, to the 
H 
extent relevant, read as follows:
CHANDRAKANT ADINATH UTTURE v. STATE OF 
199 
MAHARASHTRA [KURIAN, J.] 
'"Size of holding 
~ (l) 
(a) Not more than 1 Hectare-
and 6I Ares. 
Area to be acquired 
(2) 
(a) NIL 
(b) The area in excess of 1 
Hectare and 61 Ares but not 
A 
B 
(b) More than' 1 Hectare and 61 
Ares and not more than 2 
Hectares and 42 Ares. 
more than 40 Ares. 
c 
( c) More than 2 Hectares and 42 
Ares and not more than 3 
Hectares and 23 Ares. 
( d) More than 3 Hectares and 23 
Ares and not more than 3 
Hectares and 4 Ares. 
xxx 
(c) The area in excess of 2 
Hectares and 2 Ares but not 
more than 80 Ares. 
( d) The area in excess of 2 
Hectares and 42 Ares but not 
mare than 1 Hectare and 21 
·Ares. 
xxx 
xxx 
Slab III 
(a) Not more than 3 Hectares 
and 23 Ares. 
(a) NIL 
(b) The area in excess of 3 
D 
E 
(b} More than 3 Hectares and 23 
Ares and not more than 4 
Hectares and 4 Ares. 
Hectares and 23 Ares but not 
F 
more than 40 ares. 
xxx 
xxx 
I I. Under S'ection 13 of the Act, before the State Government 
makes a notification in the official gazette declaring the extent of area 
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constituting affected and benefitted zones and the slab under Part II of 
the Schedule, the Collector h~s to give a public notice under Section 
13(2) of the Act inviting objections or suggestions in respect of the lands 
falling under the affected zone and benefitted zone. The mode of 
publication is gazette and daily newspaper in Marathi having circulation 
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[2016] 2 S.C.R. 
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in the respective areas. The Collector has to forward a report on the 
objections or suggestions made by the persons interested in the lands 
coming under the affected or bencfitted zone and the State Government 
has to pass appropriate orders on the report on the objections and 
suggestions. Only after completing the process as above under sub-
B 
Section (2) of Section 13 of the Act, a notification of the affected and 
benefitted zones and the slab under Part 11 of the Schedule can be 
published. Under sub-Section (3), if, at any time, during the course of 
execution of a project, in case, any change in the areas mentioned in the 
notification under sub-Section (1) becomes necessary, such change can -
be made only in the manner laid down in sub-Sections (1) and (2). As 
C per the first notifjcation under Section 13( 1) of the Act published on 
04.03. 1994, since the slab was Slab Ill, there was no acquisition where 
the size of the holding in the benefitted zone is not more than 3 Hectares 
and 23 Ares; however, as per the subsequent notification dated 26.07. I 995 
published under Section 13(1 ), since there is a change of slab from Slab 
0 
llI to Slab I, there is acquisition from those who hold land more than I 
Hectare and 6 I Ares. It is certainly a change as perceived under sub-
section (3) and such a change can be brought out during the course of 
execution of a project only in the manner laid down in sub-Sections ( 1)
and (2) of Section 13 of the Act. The reason is that any adverse change 
in the slab would have its impact on the extent on the lands in benefitted 
E zone. That zone in the process gets reduced. In the instant case, while 
publishing the second notification on 26.07.1995, the procedure under 
sub-Section (2), admittedly, has not been followed. 
I 2. It may be seen that the whole purpose of notice under sub-
section (2) of Section 13 of the Act is to invite objections or suggestions 
F 
in respect of the lands falling under the affected or benefitted zone. By 
change of slab, as noted above, there is change in the area of the 
benefitted zone and that change can be brought out only on following the 
procedure under sub-Section (2) after considering the objections and 
suggestions. 
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I 3. Sub-Section (4) of Section 14 of the Act is also another indicator 
on the requirement of notice. The Government is permitted to acquire 
land even from any other villages or areas for the purpose ofrehabilitating 
the affected persons from the affected zone or for rehabi I itating those 
under any project who have remained to be rehabilitated. Once there is 
a change in the notification on the slab reducing the size of exempted 
H holding, the people thus affected should get a chance to make their 
'
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CHANDRAKANT ADINATH UTTURE v. STATE OF 
201 
MAHARASHTRA [KURIAN, J.] 
<Jbjections and suggestions, so that the Government may consider the 
A 
report of the Collector on those.objections and suggestions, before issuing 
a revised notification under Section 13( 1) of the Act. 
14. Learned Counsel for the respondent-State submits that 
pursuant to the notifications issued under the Act, further steps, as noted 
below, have been taken for acquisition of the land: 
B 
S. No. 
Date 
Particular 
I. 
2L09.2000 
Notification under Section 4 of Land 
Acquisition Act was published in 
i 
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Government Gazette. 
2. 
Notice u/s. 4(1) of the Land Acquisition 
· Act was given to the petitioner. 
3. 
28.11.2000 
Objections raised by the petitioner 
u/s.5( 1) of the Land Acquisition Act 
were heard. 
4. 
14.12.200 I 
Declaration u/s. 6 of Land Acquisition 
Act was published in Government 
Gazette. 
5. 
15.01.2002 
The notice u/s.9(3)(4) of the Land 
-· 
Acquisition Act was issued to the 
petitioner. 
6. 
_21.01.2004 
Final Award has been declared" 
15. Passi.ng of the award by itself does not mean that any illegality 
should not be addressed. In the instant case, the writ petitions were filed 
when the declaration under Section 6 of the Act was published, and in 
any case, it is submi,tted by the appellants that they have not been 
dispossessed so far and no compensation also has been paid. 
16. Therefore, the High Court is not right in holding that the 
requirement of notice on
objections and suggestions need only be in 
respect of the lands coming under Section 13( 1 )(a) of the Act (!he 
affected zones) and Section i 3(1 )(b) of the Act (the benefitted zones). 
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The High Court is right, however, in holding that no notice is required in 
respect of the lands belonging to the slab under Section l 3(1)(c) of the 
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[2016) 2 S.C.R. 
Act, when it is issued for the first time. However, in case there is a 
change in the slab reducing the area of exemption from acquisition in the 
benefitted zone, the procedure under Section 13 (2) of the Act is required 
to be followed. 
17. For the above reasons, these appeals are disposed of permitting 
the appellants to prefer their objections or submit their suggestions on 
the change of slab from Slab Ill to Slab I before the Collector within one 
month from today. The Collector shall make appropriate inquiry on the 
objections or suggestions and forward his report to the State Government 
within another two months. The State Government shall pass appropriate 
orders on the report within another two months. Depending on the orders 
thus passed by the Government, the Collector shall revise the awards 
already passed, ifrequired. The appeals are allowed to the above extent. 
18. There shall be no order as to costs. 
Nidhi Jain 
Appeals allowed. 
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