PRAMOD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The challenge raised in these writ petitions is to the preliminary notification dtd. 26/6/2019 issued under Sec. 11(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short, the Act of 2013) as well as notification dtd. 20/6/2020 issued under Sec. 19 of the Act of 2013. During the pendency of the writ petitions, the Special Land Acquisition Officer passed his award on 16/12/2020 and hence by amending Writ Petition Nos. 2127 of 2020, 1292 of 2021 and 1349 of 2021 a challenge is also raised to the final award. Similar challenge is also raised in Writ Petition No.733 of 2023. Rule. Rule made returnable forthwith and heard the learned counsel for the parties.

(2.) The facts relevant for adjudication of these writ petitions are as under:

(3.) On 8/3/2010 a fresh development plan for extension of the Sansthan premises came to be issued. Some of the present petitioners had approached this Court by filing Writ Petition Nos.4438 of 2017, 4439 of 2017 and 341 of 2018 raising a challenge to the notice dtd. 3/7/2017 that was issued by Municipal Council, Shegaon, calling upon the said petitioners to vacate the premises in their occupation. Various orders came to be passed from time to time in the said writ petitions. By the order dtd. 29/11/2017 passed in aforesaid writ petitions alongwith Writ Petition No.5856 of 2007, it was noticed that claims of twenty-seven persons were involved. The report of the Collector indicated that ten properties were privately owned while seventeen properties were subjected to encroachment. After noting that in the light of the development work that had been undertaken and the situation had become irreversible as further development could not be halted, cognizance of the statement made by the petitioners that they were not against such development and that they would co-operate with the Municipal Council, State Government and the Sansthan if their rights were protected was taken. The petitioners were directed to file their affidavits agreeing to hand over their respective sites to the Municipal Council to enable the development work to be undertaken. The said writ petitions came to be disposed of on 5/4/2018 by which various directions were issued by the Court requiring all occupants to vacate their premises within seven days. The lands of the persons recognised by the Collector as owners were deemed to have been acquired and the Special Land Acquisition Officer was directed to determine the amount of compensation.