KALPANA LAXMAN GAWAS Vs. THE LAND ACQUISITION OFFICER

JUDGEMENT

(1.) BY this petition under Article 226 of Constitution of India, the petitioner seeks quashing and setting aside of Notifications dated 01 -01 -2009 and 02 -03 -2010.

(2.) Copies of Notifications have been annexed to the petition. By these Notifications, the respondent nos. 1, 2 and 3 have proposed acquisition of the petitioners property for a public purpose, namely construction and widening of ODP road. It is stated that the petitioners have filed their objections before the first respondent on 18 -03 -2009. It is contended that they applied for licence for construction of a building which was granted on 21 -07 -1986. However, there is some litigation pending. Since some construction was commenced, the acquisition of Survey No. 160/2 was requested to be withdrawn. The petitioner filed two sets of objections, one dated 18 -03 -2009 and the another 19 -08 -2009, but, the objections came to be rejected and report was submitted to the Authority. Ultimately, Declaration under Section 6 of the Land Acquisition Act, 1894 came to be issued on 02 -03 -2010.

(3.) IT is contended on behalf of the petitioners, that the petitioners' property could not have been rendered unfit for development. The petitioners have questioned the proposed acquisition on the ground that at some places the width of the road is 6 metres and at some places it is narrowed by 3 metres and therefore the acquisition is malafide and arbitrary. It is stated that unauthorised structures have been constructed by the local residents with the blessings of respondent no. 4 and they have encroached to the extent of 3 metres in Survey No. 160/02. In such circumstances, and at the instance of respondent no. 4 uniform widening of the road has not been done.