PARMANAND SHAMRAO POTDUKHE Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) Heard the learned Counsel for the parties.

(2.) The petitioners are owners of Survey No. 34/3, area 0.41 ares situated at Mouza Chandrapur, Rayatwari, Patwari Halka No. 8, Bandobust No. 29, Tq. & District Chandrapur. The land is situated in the area called Ram Nagar. Acquisition proceedings were initiated under Section 126 of the Maharashtra Regional & Town Planning Act, 1966 (hereinafter referred to as "the Act") in respect of the said land for the purpose of construction of a primary school. The adjoining land, i.e. Survey No. 34/1 was also made the subject of the acquisition for the same purpose. Apparently, on 4.9.1997 after the award was passed, the Municipal Council, Chandrapur passed a Resolution that it does not wish to proceed with the acquisition of adjoining Survey No. 34/1 admeasuring 2387 sq. meters and demanded a sum of Rs. 5.32 Lakhs back from the Land Acquisition Officer who had been earlier given that amount for the acquisition of land. Relying on this Resolution, Shri H.V. Thakur, the learned Counsel for the petitioners, submitted that the Municipal Council has abandoned the acquisition in respect of the petitioners' land also, i.e. Survey No. 34/3 and the respondents are, therefore, not entitled to take over possession of the land, which according to the petitioners, has not yet vested in them.

(3.) It is not possible to accept this contention. The Resolution does not state anywhere that the respondents do not wish to acquire the petitioners' land which is Survey No. 34/3. The Resolution only refers to Survey No. 34/1 in respect of which the Municipal Council decided to abandon acquisition. Shri H.V. Thakur, the learned Counsel for the petitioners, however, submitted that the Resolution shows that the respondents have demanded back the entire amount of Rs.5.32 Lakhs which was meant for acquisition of both the lands, i.e. adjoining land Survey No. 34/1 and the petitioners' land Survey No. 34/3 and, therefore, the respondent Municipal Council must be taken to have abandoned the acquisition in respect of the petitioners' land also.