SHRIPATI HARI BARKALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The above Writ Petition No. 1143 of 2002 and the companion Writ Petitions impugn the Notification dated 26th July 1995 issued under the Maharashtra Project Affected Persons Rehabilitation Act, 1986, (herein after referred to as "the Act of 1986" for brevities sake), by which notification the slab applicable for the project in question was changed from 3 hectares 23 ares to 1 hectare 61 ares for the acquisition of the lands in the benefited zone. The Petitions also challenge the declaration dated 14th December 2001 issued under Section 6 of the Land Acquisition Act, (herein after referred to as "The L.A. Act" for brevities sake), that the lands which are the subject matter of the above Petitions are sought to be acquired for the rehabilitation of the project affected persons of the Chikotara project.

(2.) The facts necessary to be cited for adjudication of the above Petitions can be stated thus:

(3.) In terms of the scheme of acquisition of land, a notification under Section 4(1) of the L.A. Act came to be issued on 21st September 2000. After following the gamut of processes mentioned in the L.A. Act, declaration under Section 6 came to be issued on 14th December 2001 which was published in the Maharashtra Government Gazette on 19th December 2001. Thereafter notices under Sections 9(3) and 9(4) of the L.A. Act came to be issued to the Petitioner on 15th January 2002. As mentioned herein above the notification under Section 13(1) of the Act of 1986 dated 26th July 1995 and the declaration under Section 6 dated 14th December 2001 issued under the L.A. Act qua the lands of the Petitioners, which have been impugned in the above Petition and the companion matters.