VEERCHAND ANNA VALWADE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) AN interesting question which arises in this writ petition is whether once the land has been acquired for the purpose of resettlement of project affected persons from the holding of the land holder under the Land Acquisition Act and the Maharashtra Resettlement of Project Displaced Persons Act, 1976 is it open to the concerned authorities to further acquire the land from the holding of such land holder for resettlement of project affected persons of the same project.

(2.) THE aforesaid question arises from the following facts and circumstances:

(3.) ON behalf of the respondents, an affidavit-in-reply has been filed wherein it is stated that petitioner land admeasuring 23 Ares out of Survey No. 1940, 70 Ares out of Survey No. 1941 and 81 Ares from Survey No. 1976 situated at village Kavathe-Piran is being acquired for the purpose of resettlement of project affected persons by the Warna project. The details of the proceedings of acquisition have been stated right from issuance of notification under section 11 of the Act of 1976 till the passing of the Award and possession being obtained on 27th May, 1991. As regards the previous acquisition of petitioners land admeasuring 1 Hectare 74 Ares out of Gat No. 531 for the self-same purpose of resettlement of project affected persons by the Warna project, it is stated in reply that the said land is of inferior quality and no project affected person has come forward to accept this land and therefore, the said land is being given back to the petitioners and the other land of the petitioners has been acquired.