SOMESHCHANDRA KAILASHCHANDRA AND COMPANY Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE Petitioner is a firm registered under the Partnership Act. The Petitioner has contended that the land, Survey No. 72b of Vazirabad, Nanded, is owned by the Petitioner. The final development plan for Nanded city was published as per the provisions of the Maharashtra Regional and Town Planning Act, 1966 (hereinafter referred to as "the M. R. T. P Act") in the year 1971. In the said plan, land from Survey No. 72b is reserved for two roads, one of 10 metre width and another of 12 metre width, and some portion of the land is also reserved for market and some other purposes. Nanded Municipal Council, being the planning authority, had made a proposal for acquisition of the land from Survey No. 72b for the purpose of roads, hereinafter referred to as "the D. P. roads"; and, therefore, a notification under subsection (4) of section 126 of the M. R. T. P. Act read with section 6 of the Land Acquisition Act was published on 6th June 1984. The present petition is restricted to that proposal of the land from Survey No. 72b, which is reserved for 10 metre wide D. P. road, The Petitioner has contended that the possession of this land was taken by the Respondents on 4. 4. 1984. The Petitioner has further contended that as per the provisions of section 11a of the Land Acquisition Act, an award has to be published within the period mentioned in that section. In the present case, the notification was published on 6th June 1984 and, therefore, the award ought to have been passed on or before 23rd September 1986, because the Land Acquisition (Amendment) Act came into operation from 23rd September 1984. As the award is not so published, the entire proceedings for acquisition has lapsed.

(2.) THE Petitioner has contended that as the possession of the land is taken from the Petitioner, the Petitioner is deprived of the use and enjoyment of the said land. It is, therefore, contended by the Petitioner that Respondent No. 2, the Land Acquisition Officer, and Respondent No. 3, the Municipal Council, Nanded, be directed to start afresh the land acquisition proceedings and to pay the compensation of the land, which is in unauthorised occupation of Respondent No. 3, the acquiring authority.

(3.) THE Nanded Municipal Council is converted into Nanded-Waghala Municipal Corporation and, therefore, now, Nanded-Waghala Municipal Corporation is contesting the petition. The affidavit in reply is filed by Respondent No. 3. It is admitted that certain portion of land, Survey No. 72b, of Vazirabad, Nanded, is reserved for 10 metre wide D. P. road and it is for connecting Yeshwant Nagar to Jai Bhim Nagar. However, Respondent No. 3 has denied that the possession of this land was ever taken by Respondent No. 3. The further contention of Respondent No. 3 is that the Petitioner had filed an application to the Assistant Director of Town Planning, Nanded, for development of the land from Survey No. 72b and the lay out was filed. Respondent No. 3 has further contended that the Petitioner submitted application dated 23rd March 1984 to the Sub-Divisional Officer, Nanded, for converting the land for non-agricultural purposes and the permission was granted to the Petitioner on 10th June 1984.