SATYANARAYAN JIWANLAL BAPECHE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE challenge in this writ petition is to the acquisition of the petitioners land for the public purpose i. e. for construction of a Bus Stand, depot, staff quarters and allied establishments at Ahmadpur (Nandura) for Maharashtra State Road Transport Corporation and, therefore, a prayer for quashing the Notification issued under section 126 (4) of the Maharashtra Regional and Town Planning Act, 1966 (hereinafter referred to as the Act) and under section 6 of the Land Acquisition Act, 1894, as also the notices issued to the petitioners under section 9 of the Land Acquisition Act in Land Acquisition Case No. Ahamadpur/9/87-88. The petitioner No. 2 has however, filed a pursis Stamp No. 27067/91 seeking withdrawal of the petition at his instance. It is allowed. His name shall stand deleted from the array of the petitioners.

(2.) THE recitals in the petition and those in the submissions filed on behalf of the respondents and the Intervenor and the documents annexed thereto, reveal the following position :

(3.) THE learned Counsel for the petitioner canvassed two points before us, one related to the absence of opportunity in terms of section 28 and the another on the aspect of belated declaration under section 126 of the Act read with section 6 of the Land Acquisition Act.