MAHADEO VITHOBA JADHAO Vs. SUB

JUDGEMENT

(1.) A Division Bench of this Court has referred the following question to a larger Bench :

(2.) A very few facts need he noted, for understanding the question raised for our consideration. The petitioner before us was the owner of the land, who had sold the same to respondent No. 3 in the year 1967. The petitioner was raising the dispute about the real nature of the transaction subject to such other legal remedies that may be open to him in that behalf. That question is not now being agitated before us nor it is necessary for disposing of the present petition. That land which was sold to respondent No. 3 was notified for acquisition under section 4 (1) of the Land Acquisition Act (hereinafter referred to as "the Act") by a Notification dated 23rd June 1971. A gazette Notification was properly published, as also local publication by beat of drums and sufficient publication in the local area. Under the Rules framed by the State of Maharashtra the Land Acquisition Officer representing the Collector also issued individual notices under the Rules framed under section 55 of the Act. These Rules appear at Appendix VII, page 213 of the Manual of Land Acquisition for State of Maharashtra. Such a notice was issued only to respondent No. 3, whose name appears as holder of the land after the sale-deed of 1967.

(3.) After holding inquiry under section 5-A, section 6 Notification was issued. At the inquiry the petitioner could not be a party because he was not aware of the acquisition, as he had not received any individual notice under the Rules of the State of Maharashtra. The Land Acquisition Officer then issued section 9 notice. That was also served on respondent No. 3 alone. An Award was declared on 29th Feb. 1972.