RAMAKANT VITHOBAJI GAIKWAD Vs. GOVERNMENT OF MAHARASHTRA

JUDGEMENT

(1.) THIS Public Interest Litigation is filed by the petitioner who is a Citizen of India and Tax payer residing in the city of Nagpur. He himself is a legal practitioner. By this petition, he challenges the Order passed by the Revenue Minister of the respondent No. 2 - The government of Maharashtra on 30-9-1996 in Case No. Lands-4994/1087/case No. PK 296/j-8. By this Order, the Land belonging to the respondent No. 5 was ordered to be restored to him after recovering the amount of compensation paid together with the increased amount of compensation under section 18 and simple interest at the rates prescribed by the Government from time to time.

(2.) THE joint enterprise of Government of India and State government of Maharashtra, was set up in the name of vishvesharaiya Regional College of Engineering, Nagpur (hereinafter referred to as V. R. C. E. ). It was registered under the Societies Registration Act for the purpose of running Regional Engineering College. It was also registered as a Public Trust under the Bombay Public Trusts Act, 1950. The Chairman of the Society was the Education Minister of the State of Maharashtra and the members were appointed from the various departments of the Central Government and State government and non official members. For the purpose of setting up the Engineering College, the land was required. As such pursuant to the letter dated 11-9-1961 of the government of Maharashtra in Education and Social Welfare department, the Collector Nagpur acquired the land of parsodi, P. C. No. 9, Tah. and District Nagpur. The entire land was acquired for the purpose of construction of regional College of Engineering, Nagpur. This acquired land included the land of the respondent No. 5 s father late Shri bhalchandra Sonone, bearing Kh. Nos. 48, 49, 51/1, 54, 96, 50/2 and 47, total admeasuring 24. 93 acres. The Award was declared on 21-3-1968 and the possession of the entire land including the land of late Bhalchandra Sonone was taken on 22-3-1968 and the same was handed over to V. R. C. E. . The amount of compensation that was paid, was Rs. 2,35,667. 50/ -.

(3.) THE V. R. C. E. surrendered the excess land admeasuring 51. 65 acres. Part of this surrendered land was for allotting to the National Fire Service College including the land under encroachment admeasuring 19. 20 acres. As a result, the collector has pointed out in his order dated 2-11-1994 that the only land admeasuring 32. 43 acres remained vacant on the spot and that land included the land belonging to the deceased father of the respondent No. 5. This surrender of the land to the Government by the V. R. C. E. took place in the year 1982. Sometime in the year 1994, the respondent No. 5 applied to the Collector of Nagpur for restoration of the land belonging to him which was acquired, as the same was not utilised for the purpose for which they were acquired within a period of 3 years mainly basing his claim for restoration of the land, on the Government Resolution No. LQN-3137-HI, dated 10-10-1973 of the Revenue and Forest department (Annexure V ). By order dated 13-6-1994, the collector Nagpur rejected the application on the following grounds.