MEERABAI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard.

(2.) The Petitioner has filed this Writ Petition under Article 226 of the Constitution of India, seeking a declaration that the proceedings initiated under the provisions of the Urban Land (Ceiling and Regulation) Act, 1976 (for short, "the Act of 1976") with regard to the land located in Khasra No. 35/2 Mouja Wanjari, District Nagpur have abated in view of the provisions of the Urban Land (Ceiling and Regulation) Repeal Act, 1999 (for short, "the Act of 1999"). The Petitioner also seeks to challenge the Award passed by the Collector in Acquisition Case Nos. 171 and 179/A-65 of 1966-67 as being null and void. The Petitioner also prays that a direction be issued to restrain the Respondents from entering into and trespassing in the land admeasuring 0.85 Ares of Khasra No. 35/2 since it is a private property.

(3.) We have heard the learned Counsel for the parties at length and with their assistance, we have perused the documents placed on record. It would be first necessary to refer to the relevant proceedings that have been held with regard to Survey No. 35. The record indicates that Survey No. 35 was admeasuring 21 Acres 04 Gunthas or 8 Hectares 51 Ares. Insofar as land from Khasra 35/2 to the extent of 13 Acres 28 Gunthas/5 Hectares 38 Ares/53807.3472 square meters is concerned, the same came to be declared as surplus under an order passed under the Act of 1976 on 05/05/1977. This land was transferred in favour of the Nagpur Improvement Trust under Sec. 23 of the Act of 1976 and its possession was handed over to it on 28/10/1980. The Nagpur Improvement Trust paid an amount of Rs.1,19,736.36 for the said purpose. Under an Award dtd. 09/02/1984, land to the extent of 7.76 Acres came to be acquired for the Wanjari Housing Accommodation Scheme of the Nagpur Improvement Trust. The said proceedings were held under Sec. 39 of the Nagpur Improvement Trust Act, 1936. After acquiring the aforesaid land along with various other lands, totally admeasuring 10.34 Acres, compensation was paid to the land owners.