FULCHAND BHAGWANDAS GUGALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) These two appeals by special leave arise out of different judgments of the High Court of Judicature at Bombay, aurangabad Bench, but are factually interconnected. It would, therefore, be convenient to dispose them of by a common judgment. Facts in Civil Appeal No. 6142 of 2002:

(2.) Appellants are two brothers and sons of one Bhagchand Navalmal Gugale. The father of the appellants was the owner of agricultural land in Survey No. 2 of Pathardi village, Distt. Ahmednagar. The father of the appellants sold 14 acres of land from Survey no. 2 to Respondent No. 4, Agricultural produce Market Committee (A. P. M. C. ) by a registered sale deed dated 11.4.1960. Consequent to this sale, Survey No. 2 was divided into two parts, i. e. , Survey No. 2/1 and Survey No. 2/ 2. The portion of the land sold to the Fourth respondent-Committee came to be marked as survey No. 2/2 and the land which remained with the appellants came to be marked as Survey No. 2/1.

(3.) The Director, Agricultural Produce marketing, Pune addressed a letter dated 17.5.1980 to the Fourth respondent-Committee informing them inter alia, that in order to be eligible for Central Government's financial assistance, the Fourth respondent should acquire 15 acres of land. Perhaps, in order to fulfill this condition, the Fourth respondent submitted a proposal to the Collector, ahmednagar for acquisition of the required land for its acquisition. The proposal was processed and accordingly a notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter called 'the Act') was published in the Official gazette of 24.6.1982. The appellants filed their objections to the preliminary notification under Section 4 of the Act, raising a number of objections and inter alia alleging ma/a/ides on the part of the Fourth respondent in seeking to acquire for the reason of enriching themselves under the guise of a public purpose. The third respondent, Sub Divisional Officer, held an inquiry under Section 5a of the Act and made an order on 24.6.1983 holding that the demand for additional land made by the Fourth respondent-Committee was not genuine and, therefore, the notification published under section 4 of the Act should be cancelled. Accordingly, on 24.6.1983, the Third respondent s. D. O. passed an order canceling the notification dated 24.6.1982 and this order was published in the Official Gazette on 11.10. 1983.