LOONKARAN GANDHI (D) Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This appeal has been filed against the order dtd. 29/9/2009 passed in Writ Petition No. 2022 of 1992 by the High Court of Judicature of Bombay at Nagpur Bench. The said Writ Petition was filed by the father of the appellant/land owner (now deceased) seeking writ in the nature of mandamus to declare the action of the respondents in taking over possession of the subject land owned by him pursuant to acquisition made by respondent no. 2 as illegal, arbitrary and without any authority of law. The land owner also sought compensation @ Rs.400.00500 per sq. ft. With commensurate damages caused on account of mental agony suffered in last several years, or in alternate, allotment of plot of equal dimension in the same vicinity. During the pendency of the petition, the original writ petitioner died and his legal heir (appellant herein) was substituted.

(2.) The High Court observed that possession of land was taken in 1970 and the award in case of other land owners was passed in year 1986, separating the case of appellant. Therefore, partly allowing the writ petition, High Court directed respondent nos. 2 and 3 to complete the exercise for grant of alternate plot on or before 31/1/2010 or otherwise determine compensation on or before 30/4/2010 and pay damages as per Sec. 48-A of the Land Acquisition Act, 1984 (hereinafter referred to as LA Act) in accordance with law.

(3.) For ready reference and convenience, hereinafter we shall refer the deceased father of the appellant as land owner; his legal heir as appellant; Respondent No. 1/State of Maharashtra as State; Nagpur Improvement Trust/Respondent No. 2 as NIT and Respondent No. 3/Special Land Acquisition Officer as SLAO.