DADASAHEB BHAUSAHEB PATHARE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard.

(2.) Rule. Rule made returnable forthwith and by consent of the counsel taken up for final hearing.

(3.) The petitioner's land was subjected to acquisition under the provisions of the Land Acquisition Act. The petitioner contends that on 5-1-2001 Notification under section 4 of the Act came to be published in the Official Gazette. The subject land was acquired for construction of percolation tank. Declaration under Section 6 of the Land Acquisition Act was not issued. On 15-7-2004 the respondents again issued Notification under section 4 which was published in the Official Gazette, according to the petitioner. On 21-5-2005 a declaration under section 6 of the Act came to be published in the Official Gazette wherein acquisition in respect of Gut No. 182 admeasuring 1 I lectare 29 R belonging to the petitioner was mentioned. As no further steps could be taken consequent to the acquisition proceedings the petitioner approached this Court seeking directions to declare that the land acquisition proceedings had lapsed and for payment of rental compensation.