TRIMBAKRAO VITHALRAO DHOKANE Vs. SATE OF MAHARASHTRA

JUDGEMENT

(1.) THE short point involved in this writ petition is, whether failure on the part of the authorities to comply with the mandatory provisions of section 5-A of Land Acquisition Act, 1894 (for short the Act) by not affording an opportunity of hearing vitiates the declaration under section 6 of the Act.

(2.) THE petitioner is the owner of agricultural land bearing Survey No. 154, admeasuring 2. 37 acres, situated at village Kakanwada, Tq. Sangrampur, district Buldana. The respondent No. 3 had initiated the proceeding for acquisition of the said land for extension of gaothan of that village. Notification under section 5 of the Act was issued on 8-4-1988 wherein it was proposed to acquire 0. 90 acres of land from Survey No. 154. The notice under section 4 of the Act was served on the petitioner, pursuant to which he appeared before the Sub-Divisional Officer and filed his objection on 14-9-1988. Thereafter on 18-9-1988 after inspection of the spot, the respondent No. 3 submitted report to the Commissioner and sought administrative and financial sanction for approval of the draft notification under section 6 of the Act and thereafter notification under section 6 was approved on 21-2-1989 by the Commissioner and also published in the local newspaper 'mahasagar' on 4-3-1989 and also declared through Talathi on 27-3-1989, Thereafter the matter was adjourned to 29-3-1989 for issuance of notice under section 9 (1) of the Act.

(3.) THE learned Counsel for the petitioner contended that opportunity of hearing, as is required under section 5-A of the Act, was not given to the petitioner and hence the declaration under section 6 of the Act cannot be sustained in law.