BHAGWAT NARAYAN RANDIVE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard the learned counsel for the petitioner and the learned AGP for the respondent nos.1 to 3. Rule. The learned AGP waives Rule notice for the respondent nos.1 to 3. Considering the nature of the controversy, it is not necessary to serve notice of Rule to the respondent no.4. Rule is taken up for final hearing.

(2.) The petitioner claims to be the owner of the land which is more particularly described in paragraph no.3 of the petition. The case made out by the petitioner is that possession of the said land was taken over in the year 1972 even prior to date on which the notification under Section 4(1) of the Land Acquisition Act, 1894 (hereinafter referred to as the said Act) was issued. The case made out in the petition is that the notification under Section 4(1) of the said Act was issued on 18th March, 1990 and notices under Section 9(3)(4) of the said Act were issued on 14th August, 1992. The case made out in the petition is that since the year 1972, the petitioner is out of possession and no compensation has been paid as the award under Section 11 of the said Act has not been made. Reference has been made to a civil suit filed by the petitioner in the Civil Court. The contention raised in the civil suit is that the State Government is not entitled to drop the process of acquisition. The said suit has been dismissed on the ground that the Civil Court had no jurisdiction.

(3.) The learned counsel appearing for the petitioner submitted that though the acquisition has lapsed in view of Section 11-A of the said Act, the petitioner is deprived of both, his land and compensation. He invited our attention to the judgment and order dated 8th August, 2011 passed by a Division Bench of this Court in Writ Petition No. 1372/2009 (Jailing Baburao Linge v. The State of Maharashtra and others), and submitted that a direction be issued to complete the acquisition proceedings by making an award. He also invited our attention to the prayers made in the petition by carrying out amendment and especially prayer clause (B-1).