HARI FAKIRA KALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) IN this writ petition we are concerned with the acquisition of land bearing Survey No. 809/2 situated within the limits of Nasik Municipal Corporation. This land along with other adjacent lands was designated in the Development Plan of Nasik in the year 1980 for "housing for Dishoused" and "stable and 100 feet Road". The land being Survey No. 809/2 admeasures 7 hectors 10 ares. The petitioners claim to be owners of the said land. On 13-8-1982 the acquisition of the land in question was proposed by the Administrator, Nasik Municipal Council to the Collector, Nasik. Nasik Municipal Corporation having into existence on 8-11-1982 again asked the Collector of Nasik to acquire the land in question vide letter dated 16-12-1982. The agreement was entered into between the Municipal Corporation of Nasik and the State of Maharashtra on 4-10-1984 concerning the acquisition of land in question and other adjacent lands. It is not in dispute that notification under section 126 (2) of Maharashtra Regional and Town Planning Act, 1966 read with section 6 of the Land Acquisition Act declaring the acquisition of the land in question along with the other lands for the public purpose stated therein was issued on 14-7-1987. The said notification was published in local newspaper "rambhumi" on 18-7-1987 and another local newspaper "bhramar" on 20-7-1987. The notification was published in the Gazette on 6-8-1987 and was published at village Chawadi on 25-9-1987. Under section 9 (1), (2) of Land Acquisition Act notice was issued on 28-9-1987 and published on the notice board of (i) Talathi, Nasik and (ii) The Special Land Acquisition Officer No. 2, Nasik. Individual notices under section 9 (3), (4) were also issued to the persons interested. It is not in dispute that on 22-9-1989 the Award determining the compensation of land in question was passed. Thereafter on 21-10-1989 possession in respect of Survey No. 809/2 admeasuring 3 hectors 26 area was taken by Special Land Acquisition Officer as the tenant occupying the said land handed over the same to the Special Land Acquisition Officer. The said land was handed over by the Special Land Acquisition Officer to Nasik Municipal Corporation on that day itself. By the present writ petition, as noted above, the acquisition of the aforesaid land is impugned.

(2.) MR. Rajiv Patil, learned Counsel for the petitioners made two fold submission: (i) that the Award having been declared and published beyond two years of declaration made under section 126 (4) of Maharashtra Regional and Town Planning Act read with section 6 of Land Acquisition Act is non est and bad in law and (ii) that the petitioners were not accorded hearing under section 126 (2) of Maharashtra Regional and Town Planning Act prior to issuance of notification under section 126 (4) of Maharashtra Regional and Town Planning Act read with section 6 of Land Acquisition Act.

(3.) NEITHER of the contentions has any merit. Coming to the first contention first, the narration of dates given by us already would clearly indicate that the Award was passed within two years of the publication of the declaration under section 6 of the Land Acquisition Act. However, before we deal with the facts, we intended to refer to section 11-A of the Land Acquisition Act, 1894 based on which first argument was advanced before us by the learned Counsel for the petitioners. Section 11-A reads thus :