LAWS(BOM)-2001-7-168

SURESH RATNOJI GAVAS Vs. SPECIAL LAND ACQUISITION OFFICER

Decided On July 05, 2001
Suresh Ratnoji Gavas Appellant
V/S
SPECIAL LAND ACQUISITION OFFICER Respondents

JUDGEMENT

(1.) Heard Mr. Abhyankar for the petitioner. Mr. Gokhale, Assistant Government Pleader appears for the respondents.

(2.) In this matter, it has so happened that the petitioner herein sent a letter to the then Chief Justice of this Court raising grievances regarding non-settlement and non-payment of compensation for acquired land, and it was treated as a Suo Motu Writ Petition. Thereafter he was provided with the assistance of an Advocate and Mr. Abhyankar was good enough to take up this responsibility. On taking instructions from the petitioner, he realised that several facts ought to be incorporated in the petition. He was therefore, granted the leave to amend. He then presented the amended petition which is the present petition and the same was admitted on 12th March, 1990. A notice under Order 1 Rule 8 of the Code of Civil Procedure was also published in a local newspaper way back in 1990. None of the affected persons have however sought to appear. The Special land Acquisition Officer has filed Affidavit in reply.

(3.) The petitioner claims to be an agriculturist from a village named Patye situated in Taluka Sawantwadi. District Sindhudurg (formerly part of District Ratnagiri). A Hydro Electric and major irrigation Project (for short the "Project") viz., Tillary Project is being set up by a joint collaboration of two States viz., State of Maharashtra and State of Goa in that district and for that purpose, a large number of lands have been acquired. The Project is a gigantic one inasmuch as around 1100 land-holders are affected in about eight villages. The left bank portion is in the State of Maharashtra, whereas the right bank is supposed to go in Goa.