BALU SIDDHU BHOSALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) We have heard the submissions of the learned counsel appearing for the Petitioner. We have also heard learned AGP appearing for Respondent nos. 1 to 5. By this petition under Article 227 of the Constitution of India, the challenge is to the proceedings of acquisition of lands of the petitioner under the provisions of the Maharashtra Housing and Area Development Act, 1976 (hereinafter referred to as the "MHADA Act").

(2.) With a view to appreciate the submissions made by the learned counsel appearing for the petitioner, it will be necessary to make a brief reference to the facts of the case. The Predecessors of the petitioner claim to be holder of lands bearing Survey no. 113/3 and 115/6(part) at Solapur. An Order under Section 8 (4) of the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as the said Act of 1976) was passed by the Competent Authority of the Solapur Urban Agglomeration on 2 nd December, 1981. Subsequently, notification under 10(1) of the said Act of 1976 was issued by the Competent Authority of Solapur Urban Agglomeration. By the said notification, it was declared that land admeasuring 23,500 sq. mtrs, out of survey no. 115/6 and land admeasuring 20,300 sq. mtrs bearing survey no. 113/3 was proposed to be acquired under the provisions of the said Act of 1976. Admitted position is that notification under 10(3) of the said Act of 1976 was never issued on the basis of aforesaid notification under 10(1).

(3.) By a Gazette notification dated 18 th July, 1986 issued in exercise of powers under the proviso to Section 41(1) of the MHADA Act, the land bearing Survey no. 113/3 admeasuring 20,300 sq. mtrs was acquired by the State Government.