DATTATRAYA DAMAJI KARANDE Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) The appellant is aggrieved by the Judgment dtd. 3/8/2011 passed by the High court of Judicature at Bombay whereby the order dtd. 17/11/2009 passed by the Divisional Commissioner, Revenue Division, Pune, Maharashtra rejecting the appellant's application under Sec. 48(1) of the Land Acquisition Act, 1894 was upheld and consequential prayer of the appellant to release/delete land measuring 3.30 hectares from the acquisition process has been turned down.

(2.) The appellant and his six brothers owned land measuring 10 hectares and 99 Acres in Gat No.38 situated at Village Kathapur, Taluk Ambe Gaon, District Pune, Maharashtra. It appears that the land was initially mutated in the name of elder brother of the appellant, namely, Kondaji Damaji Karande. The said elder brother of the appellant moved an application before Tehsildar, Ambegaon on 6/9/1975 requesting that the land may be recorded in the names of all the brothers as per their respective shares. The appellant's brother appears to have averred that the subject - land was orally partitioned amongst all the brothers through a Family Settlement on 18/11/1970 and each brother got 1/7th share in the land. The above mentioned application moved by the appellant's elder brother was accepted by the Revenue Authority and the land was accordingly mutated in the names of all the brothers vide Mutation Entry No.233 dtd. 23/10/1975.

(3.) It may, however, be mentioned that the above stated mutation was cancelled by Circle Officer, Manchar on 15/12/1975 on the ground that some Government dues were yet to be paid in respect of the subject - land. This is an undisputed fact that mutation entry was reversed without any notice to the appellant or his brothers and thus they could not challenge the order cancelling mutation before an appropriate forum.