RAGHUNATH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) We grant special leave and proceed to dispose of the appeal after hearing both counsel.

(2.) The point raised in the appeal is a very short one. The lands, belonging to the petitioners were among those sought to be acquired under the Land Acquisition Act, 1894 (hereinafter referred to as 'the Act') by means of a notification under Section 4 issued on 22nd June, 1982. This was followed up by a declaration under Section 6 dated 15th March, 1983. The petitioners challenged both the notification and the declaration in writ petition No. 947 of 1983 before the High Court. The notification under Section 4 was challenged on the ground of mala fides and the declaration under Section 6 on the short ground that the petitioners' objections had not been heard before the making of the declaration. When this writ petition came up for hearing, a statement was made on behalf of the Government that the notification under Section 6 was being withdrawn. On this statement being made, the writ petition was withdrawn and disposed of accordingly. Thereafter the petitioners were heard under Section 5A of the Act and a fresh declaration under Section 6 was issued on 4th April, 1985.

(3.) The petitioners again filed a writ petition in the High Court, being writ petition No. 1143 of 1985, the judgment in which forms the subject matter of the present appeal. In this writ petition they again challenged the notification under Section 4 as vitiated by mala fides and non-application of mind. The High Court has found no merit in this contention and rejected the same. We see no reason to interfere with this conclusion of the High Court.