MURLIDHAR LAHANU KATORE Vs. SUB DIVISIONAL OFFICER

JUDGEMENT

(1.) THE petitioner has challenged the acquisition of his land Survey Nos. 96 and 97 situated at village Bolhegaon in Nagar District. The respondent State applied the provisions of Chapter VI of the Maharashtra Industrial Development Act, 1961 (For short, hereinafter referred to as "the MID Act") by publishing a notification under sub-section (3) of section 1, for the lands in village Bolhegaon, on 17-3-1978. The total area of 216. 84 Hectares of village Bolhegaon was notified along with the area of 70. 61 Hectares of village Nimbalk and 164. 44 Hectares of village Nagpur, under that notification.

(2.) HOWEVER, further notification dated 17-3-1982 was issued under which it was declared that the provisions of Chapter VI of the MID Act shall cease to be in force for the area of 71. 57 Hectares area of village Nagapur; 31. 49 Hectares of village Nimblak and 175. 48 Hectares of village Bolhegaon. Thus, for village Bolhegaon, provisions of Chapter VI of the MID Act were made applicable only to the area of 41. 36 Hectares. The lands Survey Nos. 61, 62, 65, 66, 67, and two lands of the petitioner, Survey Nos. 96 and 97 were covered under this notification of the area of 41. 48 Hectares.

(3.) THE petitioner has contended that his land is having deep black soil, very fertile land for agricultural purposes. There is well and Bagayat crops are being cultivated on this land and this land is not at all suitable for the Maharashtra Industrial Development Corporation (For short, hereinafter referred to as "the MIDC" ), for which it is proposed to be acquired. It is also the contention of the petitioner that the revenue authorities had accepted this stand taken by the petitioner. However, as the petitioner is not an influential person, his land was not excluded from the application of Chapter VI of the MID Act. The lands belonging to influential persons are only released from the application of Chapter VI of the MID Act, and thus, injustice is caused to the petitioner. The discrimination is without any basis. On the contrary, the lands which are released from the application of Chapter VI of the MID Act, are more suitable for MIDC purposes.