DHANAJI VASANT PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The issue in the above Writ Petition is whether acquisition proceedings initiated by the State have lapsed by virtue of Sec. 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short 'the 2013 Act').

(2.) It is the case of the Petitioners that the acquisition has lapsed because till date neither physical possession [of the acquired property] has been taken nor any compensation is paid. The learned counsel appearing on behalf of the Petitioners also brought to our attention the first affidavit-in-reply filed by the State (before the amendment of the Petition) in which the State has categorically mentioned that compensation has not been paid and possession of the property was taken vide Mutation Entry No. 12991 on 26/1/2019. He submitted that when one looks at this affidavit, it is clear that on the date when the 2013 Act came into force (1/1/2014), neither compensation was paid to the Petitioners, nor possession of the land was taken. Since both these conditions are not fulfilled, the learned Advocate submitted that in terms of the Judgment of the Hon'ble Supreme Court in the case of Indore Development Authority Vs. Manoharlal and Ors. reported in (2020) 8 SCC 129, the acquisition has lapsed.

(3.) When this matter came up on the previous occasion (21/6/2023), the learned AGP appearing on behalf of Respondent Nos. 1 to 4 brought to our attention that substantial amendments were carried out to the Petition, and therefore, sought time to file a further affidavit. We had, therefore, directed Respondent Nos. 1 to 4 to file an affidavit on or before 5/7/2023. We had also directed notice to be issued to Respondent No. 5 returnable on 12/7/2023. It appears that that service of notice is yet in process. However, the learned counsel appearing on behalf of the Petitioners brought to our attention that Respondent No. 5 has been served privately and undertakes to file an affidavit of service on or before the next date.