BALBHIM Vs. STATE OF MAHARASHTRA AND ANOTHER

JUDGEMENT

(1.) Rule returnable forthwith.

(2.) Learned Assistant Government Pleader, Mr. B.V. Wagh, waives service of Rule on behalf of respondent nos.1 to 3. Learned Counsel, Mr. H.I. Pathan, instructed by learned Counsel, Mr. P.P. Dama, waives service of Rule on behalf of respondent no.4. By consent taken up for hearing.

(3.) The petitioner is the owner of the lands bearing Gat Nos. 1049 and 1066 situated at village Pargaon Ghumara (Taluka : Patoda, District : Beed). Part of the land of the petitioner was required for the public purpose of construction of a percolation tank. The respondent no.4, therefore, approached the petitioner and requested him to give consent for acquisition of the land and also to hand over possession of the land. He also promised to the petitioner that the compensation would be paid to the petitioner for the acquired land in accordance with the Land Acquisition Act. Accordingly, the petitioner gave his consent, a copy of which is annexed to the affidavit in reply dated 13th March 2012, filed on behalf of the respondent no.4. In the affidavit he has stated that possession of the land was taken over by private negotiation on 16th February 2003. In the affidavit in reply filed by Mr. Narayan s/o. Shimantrao Ubale, Deputy Collector (Land Acquisition), Minor Irrigation, Beed, on behalf of the respondent nos.2 and 3, they have also stated that the possession of the petitioner's land was taken on 16th February 2003. We accordingly accept the case of the petitioner, that possession of his land was taken over from him on 16th February 2003.