SUDAM SHANKAR KSHIRSAGAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The present petition is directed against the judgment and order dated 24.01.2002 passed by the Division Bench of the Bombay High Court dismissing the Writ Petition, filed by the appellants herein, registered as Writ Petition No. 5720 of 2001.

(2.) In the Writ Petition filed by the appellants before the Bombay High Court, they challenged the legality of the notification issued by the respondent-State herein under Section 4(1) of the Land Acquisition Act.

(3.) The appellants in the said Writ Petition prayed for quashing and setting aside the commencement of the Land Acquisition proceedings qua the appellants. Appellant No. 1 sought the said relief on the ground that a total holding of the appellant family being land covering 12.6 hectares, and each of the co-sharer of the family being entitled to hold land measuring about 2.53 hectares of land, no land could be acquired under the Maharashtra Project Affected Persons Rehabilitation Act, 1986 (for short "Act of 1986"). Consequently, it was argued that the entire exercise of proceeding under the Land Acquisition Act against the appellant is illegal and without jurisdiction.