SHRADHANAND NAVRANGTYAGI Vs. COLLECTOR PUNE DISTRICT

JUDGEMENT

(1.) BY this petition, the petitioner has challenged the order passed by the Collector on 10th October 1991 reviewing his own order passed earlier on 7th June 1991.

(2.) CERTAIN lands belonging to the petitioner or his predecessors were acquired for the use of Defence Department under Defence of India Rules and was continued under the Requisition (Continuance of Powers) Act, 1947. The suit land along with other requisitioned lands were handed over to the police department by the defence department as per the Government of Bombay order dated 6-7-1950. According to the terms of transfer the State Government was to acquire the title of the lands under the Military assets and as such it was necessary to contiune these lands as requisitioned under section 7 of the Bombay Lands Requisition Act, 1948. A resolution to that effect under section 7 was therefore issued on 9-3-1951.

(3.) THE petitioner made an application for derequisitioning his land. Enquiry was made in pursuance of this application on 23-4-1991. Officer-in charge for requisition branch put up a note to the Collector recommending release of the land from requisition. Ultimately derequisition order was issued on 7-6-1991. After the order of requisition was made on 7-6-1991 it was brought to the notice of the Collector that basic error has been committed while passing the order of requisition on 7-6-1991. The Collector did not have any jurisdiction to do so underthe act and therefore he took up Suo Motto proceedings for review and review has been made on 10-10-1991 by the order which is now impugned in this petition.