(1.) THE petitioners have challenged the land acquisition proceedings in respect of agricultural land being Gat No. 12/5 and 12/6 of village Vadgaon Budruk, Taluka Haveli, Dist. Pune, in this petition filed under section (sic Article) 226 of the Constitution of India.
(2.) THE factual matrix of the case is as set out herein below :---One Shri Shagi Alias Baban Mahadeo Gandale resident of Shukarwar Peth, Pune, was the owner of agricultural land located in Survey Nos. 12, 18, 19 and 20 admeasuring about 48 Acres in the said village. Out of that land about 31 Acres was in his personal name whereas the balance of about 17 Acres was in the name of his mother. The notification under section 4 of the Land Acquisition Act (for short "the Act") was issued on 19th January, 1972 and the same was served on the land owner on 3rd May, 1972, for acquisition of land admeasuring 5 Acres i. e. 1 Hector 79 Acres from Survey No. 12/6 and 23 Acres from Survey No. 12/5. The notification under section 6 of the Act came to be issued on 12th January, 1973 and on 5th December, 1974 the land owner submitted a representation to the Land Acquisition Officer requesting for deletion of the said land from acquisition. This representation was rejected on 14th December, 1974. The award came to be passed on 27th October, 1976 and the Special Land Acquisition Officer gave notice to the land owner on 8th January, 1976 for taking possession of the acquired land on 16th November, 1976. This notice was also given to the District Settlement Officer as the land was acquired for resettlement of project affected persons. The possession of the land was taken on 16th November, 1976 and the possession receipt was drawn.
(3.) THE Deputy Director of Rehabilitation (Land) and Collector, Pune, passed an order on 20th October, 1984 and allotted the subject land to respondent Nos. 5 and 6 pursuant to the said order possession of the land was given to these respondents on 29th October, 1984 and they were thus put in possession of the said land by obtaining possession receipt which has been brought on record.