ARVIND NARAYAN GOLANDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Ld. AGPs waive service in all the Writ Petitions. Rule is made returnable forthwith. Taken up for final disposal with consent. By this group of 6 Writ Petitions filed under Article 226 of the Constitution of India, the Petitioners are praying for direction to the Respondents to consider notices issued by Petitioners and withdraw their subject matter lands from acquisition u/s. 48 of the Land Acquisition Act, 1894 ("the said Act" for short) and put Petitioners in possession thereof. The Petitioners are also praying in the alternative for return of subject matter lands to them by accepting consideration from the Petitioners at the current Government rate or consideration as may be fixed by the Court and take all steps including executions of documents so as to transfer full and complete title of the subject lands in favour of the Petitioners and to put them in physical and peaceful possession thereof. The Petitioners are also praying in the alternative for appropriate writ or direction directing the Respondents to sell the subject matter lands by public auction and permit the Petitioners to take part in the said public auction. All the petitions stand on similar factual footing and common questions are involved for decision. In that view of the matter, these petitions are being heard together and disposed of by a common order.

(2.) Learned Counsel Mr. Hushing has made his submissions in Writ Petition No. 6172 of 2012, Writ Petition No. 6188 of 2012, Writ Petition No. 7576 of 2012 and Mr. Bhoite has made submissions in support of Writ Petition No. 8992 of 2012, Writ Petition No. 8974 of 2012 and Writ Petition No. 6175 of 2012. They have assisted the Court with following charts showing details of subject matter lands/ properties involved in the Petition.

(3.) Mr. Bhoite has relied upon the Judgment of the Apex Court in the matter of H.D. Vora Vs. State of Maharashtra and Ors. Reported in (1984) 2 SCC 337, specially the portion of para 6 in which distinction between the concept of acquisition or requisition of property is explained.