MANGALA SHARAD MUTHA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS petition, filed under Article 226 of the Constitution brings in question the notice dated 12th September, 1989, issued by the Collector, Ahmednagar for the recovery of an amount of Rs.4,47,896/ from the Petitioner and raised the following questions of law for our considerations:

(2.) ADMITTEDLY , the total land in Survey No.28 of village Bhingar originally admeasured 1 Hectare 78 Ares. Notification under section 4 of the Act was published in the Government Gazette on 7th December, 1978 for acquisition of the different lands from the said village and it covered 32 Ares land from Survey No.28. The declaration under section 6 of the Act was published in the Government Gazette on 12th February, 1981 and finally award came to be passed by the Special Land Acquisition Officer on 14th February, 1983 fixing the compensation amount at Rs.13,248/ . In Survey No.28 owners of the said acquired land, at the time when the award was passed, were Sakharam Mahadeo Misal (25% share), Kashinath Mahadeo Misal (25% share) and Balkrishna Sakharam Misal (50% share). The possession of the land was taken over before the award was passed and on the strength of the possession receipt, mutation entry bearing No.2990 came to be effected in the village record on 21st September, 1979 in favour of the State Government through the Executive Manager, Public Works Department.

(3.) THOUGH the Award in respect of the acquired 32 Ares land from Survey No.28 (on acquisition recorded as Survey No.28/2) was passed on 14th February, 1983, one of the land owners viz. Balkrishna S. Misal approached for receiving the compensation of his share (50%) to the Land Acquisition Officer on 28th May, 1986 and the Special Land Acquisition Officer passed an order on 5th June, 1986 for releasing 50% of the compensation amount i.e. Rs.6 ,624 / in favour of Balkrishna Misal . He was finally paid the said amount by the Tahsildar Ahmednagar on 16th June, 1986 and the remaining 50% amount remained with the treasury.