LAWS(BOM)-2001-4-43

PRALHAD LOKRAM DODEJA Vs. STATE OF MAHARASHTRA

Decided On April 09, 2001
PRALHAD LOKRAM DODEJA Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) CAN proceedings for acquisition of land lawfully taken be challenged by filing a writ petition after any number of years ? What should be the approach of the Government and its Ministers when an application for withdrawal of land from acquisition is made to the Government ? These are some of the important questions which arise in these three writ petitions.

(2.) THESE three writ petitions bearing Nos. 670/96, 3620/98 and 3874/98 are concerning the acquisition of a large plot of land admeasuring 1 Hector 34 Ares bearing Survey No. 559/a2/b2 situated in Bibwe-Wadi area of Pune City. These petitions have been heard together and are being decided together.

(3.) WRIT Petition No. 670 of 1996. Writ Petition No. 670/96 is filed by one Shri Pralhad Lokram Dodeja and his brother Bansidhar Lokram Dodeja, both of whom owned this plot of land. The third petitioner is M/s. Mutha Associates through its partner Shri Shantilal Mutha, who claims to have acquired the development rights over this land from petitioners No. 1 and 2. The first four respondents to this petition are the State of Maharashtra and its officers whereas the respondent No. 5 is the Agriculture Produce Market Committee, Pune (hereinafter referred to as "apmc") constituted under the Maharashtra Agricultural Produce Marketing (Regulation) Act, 1963 (hereinafter referred to as the "apmc Act" ). This plot of land has been acquired by the State of Maharashtra for the said APMC. The respondent No. 6 to this petition is the Pune Municipal Corporation which is the Planning Authority under the provisions of the Maharashtra Regional and Town Planning Act, 1966 (hereinafter referred to as the "mrtp Act" ). This land has been acquired under the provisions of this MRTP Act read with Land Acquisition Act, 1894 (hereinafter referred to as the "acquisition Act" ).