Land acquisition notifications corrected via corrigendum for clerical errors cannot be challenged after award finality.

The petitioner challenged a Corrigendum notification dated 03.06.2008 (published 10.06.2008) which increased the acquired area of land bearing Survey No. 157/1 (Village Telav, Ahmedabad) from 538 sq. mtrs. to 5777 sq. mtrs.

The original acquisition notifications under Sections 4 and 6 of the Land Acquisition Act, 1894, were issued on 07.09.2007 and 25.01.2008, respectively, citing the smaller area.

The petitioner submitted multiple representations between 2008 and 2025 alleging measurement discrepancies and seeking the release of 4930 sq. mtrs. of land.

An award was subsequently passed on 05.09.2009 in LAQ Case No. 5 of 2007, covering the full 5777 sq. mtrs.

Despite the petitioner’s claim of not accepting the award, the State contended that the petitioner had received compensation and successfully pursued a reference for enhancement.

1. Whether the Corrigendum notification dated 03.06.2008, which corrected the area of acquired land by interchanging measurements of two survey numbers, was legally valid.

2. Whether the petitioner is entitled to the release of 4930 sq. mtrs. of land after the passing of the award and the conclusion of reference proceedings under Section 18 of the Act.

The court applied the provisions of the Land Acquisition Act, 1894, specifically the procedural requirements for notifications under Sections 4 and 6.

It recognized the State's power to issue a corrigendum in the official gazette to rectify clerical errors or mistaken descriptions in acquisition notifications.

The court relied on the principle of finality in acquisition proceedings, particularly under Section 18, which dictates that once a landholder accepts compensation and seeks a reference for enhancement, they cannot subsequently challenge the validity of the acquisition itself.

The Court found that the Corrigendum was a legitimate exercise of administrative correction, as the areas for Survey Nos. 157/1 and 157/2 had been mistakenly interchanged in the initial notifications.

By publishing the correction in the official gazette, the State properly rectified the description before the final award was passed.

The Court observed that the award dated 05.09.2009 was consistent with the corrected notifications.

Critically, the Court noted that the petitioner suppressed or glossed over the fact that they had already received compensation and had filed a reference under Section 18 of the Act, which was decided by the Civil Court on 31.12.2024.

The Court reasoned that since the petitioner participated in the compensation enhancement process, they could not now seek to quash the notification or release the land.

The Court denied the prayer to release 4930 sq. mtrs. of land, concluding that the petition was devoid of merits especially in light of the concluded Section 18 reference proceedings.