RAMBHAU YASHWANTRAO CHINCHMALATPURE Vs. UNION OF INDIA

JUDGEMENT

(1.) THE petitioners are seeking an appropriate writ and direction from this Court under Articles 226 and 227 of the Constitution of India, directing the respondents to restore the possession of the land which was acquired by the respondents by virtue of an award dated 14-10-1949. The petitioners are seeking this direction on the ground that the land has not been used for the purpose for which it was acquired.

(2.) THE brief admitted facts of the case are; that on 14-10-1949 the land admeasuring 27. 66 acres owned by late Yashwantrao Chinchamalatpure was acquired by the Land Acquisition Officer by passing an Award on 14-10-1949. The said land was acquired by applying an urgency clause and thereafter the possession was taken by the respondents. The land in question was acquired for the Radio Range of Civil Aviation Department of the respondent No. 1.

(3.) IT is the case of the petitioners that though the land was acquired by applying urgency Clause, the land was not put to any use and for the period of 47 years, the land has remained barren. Since the land was not used for the purpose for which it was acquired, the Director General Civil Aviation informed the petitioner No. 1 vide letter dated 29-4-1961 that the Directorate of Civil Aviation was not interested in the land in question.