VISHNU NAMDEO KUMAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS group of four writ petitions was taken up together for motion hearing as common question in respect of Government Resolution dated 10th October, 1973 is raised. All these writ petitions are disposed of by this common order.

(2.) FOR the sake of brevity and convenience, we shall refer to the facts obtaining in Writ Petition No. 5160 of 2000. The petitioner are the real brothers and it is their case that 0. 81 hectares of land was acquired out of land bearing the then Survey No. 86/2 (presently Gut No. 365) for the public purpose, namely, for resettlement of the Project affected persons, by issuance of notification under section 4 in the year 1973, section 6 in the year 1975 and Award was passed on 10th March, 1977 by the Land Acquisition Officer, determining the compensation for the compulsory acquisition of petitioners land. The petitioners accepted the amount of compensation as per Award. The petitioners replying on the Government Resolution dated 10-10-1973 have set up a case that since they are factually in occupation and enjoyment of the land acquired from them and the said land has not been distributed to the Project affected persons, they are entitled to restoration of their land.

(3.) IN opposition to the writ petition, on behalf of the respondents, an affidavit-in-reply has been filed. It is submitted that as per the final Award, the amount of compensation has been accepted by the original land-owner. The land has been acquired for resettlement of Project affected persons and mutation has also been made in that regard. It is submitted that since the said land is still required for rehabilitation of the project affected persons though for the other project, the land cannot be restored even under Government Resolution dated 10-10-1973.