NAGPUR IMPROVEMENT TRUST Vs. VITHAL RAO

JUDGEMENT

(1.) This appeal by certificate of fitness granted by the High Court of Judicature at Bombay, Nagpur Bench, is directed against the judgment of the High Court in Writ Petition No. 504 of 1967 filed under Articles 226 and 227 of the Constitution, by Vithal Rao, respondent before us, hereinafter referred to as the petitioner.

(2.) The petitioner was a tenant of some fields in village Binakhi in Patwari Circle No. 10, Nagpur. He had applied to the Agricultural Lands Tribunal under a local act for fixing the purchase price of the said fields. On May 3, 1962, a notice was issued under S. 39 of the Nagpur Improvement Trust Act, 1936 - hereinafter referred to as the Improvement Act. Section 39 of this Act deals with the preparation, publication and transmission of notice as to improvement schemes and supply of documents to applicants.

(3.) On November 17, 1961 the Improvement Trust applied for sanction of its scheme by the Government, and on January 9, 1965, the Government sanctioned the scheme under S. 45 of the Improvement Act. On February 28, 1966 proceedings were started before the Land Acquisition Officer and on June 12, 1967 an award was passed by the Land Acquisition Officer fixing the compensation at Rs. 45,910/- for 44.19 acres of land acquired.