Summary: The High Court in Kolhapur looked into a case about the government taking Shaliwan Patil's land. The main questions were whether the payment for the land was fair and if the process was done correctly.
The case is about land owned by Shaliwan Raigonda Patil in Sangawade village, Kolhapur. On October 21, 1989, the land was taken for the Dudhganga Canal Project, and he was given ₹45,716 as payment. Unhappy with this amount, Shaliwan filed a formal request to challenge it, which was dismissed in 1996. The land was taken over on May 4, 1997.
On April 30, 2014, a court gave more money for nearby land. Shaliwan, hoping for the same, applied under a specific section of the Land Acquisition Act on July 25, 2014. However, he didn't initially provide the necessary official judgment copy, causing issues.
"Rejecting such an application just because of the missing certified copy, which was later provided during the proceedings, is too strict." - Court's observation
The Deputy Collector turned down Shaliwan's application on January 1, 2019, because of the missing certified copy. The family argued this was unfair since the copy was eventually given. The court found this rejection too strict, especially since the application was on time.
Judges M. S. Karnik and Ajit B. Kadethankar reviewed the case and decided:
The court's decision emphasizes the need for fair procedures in land acquisition cases. It ensures that small details don't get in the way of justice, allowing for a chance at fair compensation.
