BEDENSHAH FETENSHAH FAKIR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioners have challenged by this petition the notification issued by the Additional Commissioner, Aurangabad Division, Aurangabad, under section 17 as well as under section 6 of the Land Acquisition Act, 1894 (hereinafter referred to as "the Act"), and published in the Maharashtra Government Gazette on October 26, 1976. Earlier a notification was issued under section 4 of the Act, dated November 20,1975 and published in the Maharashtra Government Gazette on February 8, 1976, declaring that the land admeasuring 2 acres 27 gunthas from survey Nos. 370/1, 372 and 374 of village Dharur, taluka Kaij, District Bhir, was needed or likely to be needed for public purpose, i.e. for construction of a high school. After the notification under section 4 was published in the Maharashtra Government Gazette, a public notice as per the provisions of section 4 was issued on February 3, 1976. Similarly, individual notices were also served on both the interested persons who are petitioners in this petition.

(2.) The individual notices were served on the petitioners and after the publication of the notices, both the petitioners by written applications had objected to the acquisition of the said land, though on different grounds. Petitioner No. 2 by application dated March 15, 1976, addressed to the Land Acquisition Officer had stated that earlier 8 acres of land was acquired from Survey No. 362 for the same public purpose, i.e. for the construction of a high school in the village Dharur. He further stated that in Survey No. 370 there was a graveyard of the Muslim community and acquisition of this land for the purpose of construction of the high school might hurt their religious feelings. At the end of this application he had stated that 8 acres of land from Survey No. 362 was acquired for the same purpose. In case that land was to be transferred to him, he was prepared to exchange land from Survey No. 370, so that the part of it could be utilised for the purpose of graveyard of Muslim community in future.

(3.) The application by petitioner No. 1 was slightly on different ground, in as much as he had stated in his application dated April 16,1976, that there was a Durgah of a very famous Muslim Saint by name Shoukatsha alias Malangsha and the Muslim community greatly revered him. The acquisition of this land where the Muslim graveyard was situated would not only hurt their religious feelings, but would also create a sense of frustration amongst the members of the Muslim community. Apart from petitioner No. 1 signing this application, nearly 55 members of the Muslim community have also signed this application.