MAHAVEER Vs. STATE OF C G

JUDGEMENT

(1.) THE Petitioner has preferred this writ petition under Article 226/227 of the Constitution of India with prayer to command the respondents to release the land of the petitioner from the acquisition proceedings.

(2.) BRIEF facts leading to filing of this writ petition are that the petitioner's father was owner of the agricultural land situated along with the bank of river Shivnath and in respect of which land acquisition case No. 7A/82, year 89-90, was registered by the Land Acquisition Officer, Durg. On 16th June, 1989 notification under Section 4 of the Land Acquisition Act was issued and, thereafter, notification under Section 6 of the Land Acquisition Act was issued on 22-12-1989. On 15-1-90 the father of the petitioner appeared before the Land Acquisition Officer and filed the claim. Subsequently, on 21-1-1991, the Land Acquisition Officer passed an award of Rs. 2,59,512/- and amount of award was ordered to be deposited and that amount was not deposited till 10-2-95 on which date only amount was deposited. Even though in the Revenue Record the land is said to have been vested in the Government, but as on date the petitioner still continues with the physical possession of the land, the land was originally acquired for water project, but the petitioner's land is in excess from the requirement of the respondents and the said land is still lying vacant even after the completion of the project. Thereafter, the petitioner learnt that the Municipal Corporation is establishing a garden on the land, which the petitioner came to know through newspaper, which was not for the original purpose and compensation was awarded.

(3.) I have heard learned counsel for the parties.