MUNICIPAL COUNCIL JALANA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) AS the law and facts in both the petitions are identical, we propose to dispose of both the petitions by this common judgment.

(2.) THESE writ petitions are filed by the petitioner i. e. Municipal Council, jalna for the following relief :

(3.) THE petitioner Municipal Council, Jalna (hereinafter referred to as the council) came to be appointed as the planning authority under the Maharashtra regional Town Planning Act 1966 (hereinafter referred to as the Act of 1966 ). After the appointment of council as the planning authority, it has prepared and published draft development plans for Jalna city. The plan so prepared came to be sanctioned by the Government which came to be published in the official gazette on 17th October 1974. After the plan came into force, the council submitted an application under S. 126 (1) (c) of the Act of 1966 to the State Government for acquiring he lands reserved in the plan. On the receipt of the application from the petitioner, the State Government published a notification under Section 126 of the act of 1966 read with S. 6 of the Land Acquisition Act 1894 on 7th April 1981. After the notification the process to prepare the award came to be initiated by the Special land Acquisition Officer and ultimatley the Special Land Acquisition Officer, command Area Jaikwadi Project, Jalna on 17th December 1983 passed award by determining the compensation to be awarded to the land owners who are respondents in these Writ Petitions and accordingly the compensation was paid.