ARUN SITARAM PATIL Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioners have approached this Court under Article 226 of the Constitution of India seeking issuance of writ in terms of prayer clauses (B) and (C) which read thus :-

(2.) The petitioners are agriculturists and they were holding respective lands at village Ghodasgaon, Tq. Shirpur, Dist. Dhule. The respondent No.3 had initiated acquisition proceedings in SR/37 of 2001 for Nimna Tapi Prakalpa, Padalse Dam. The notification under Sec. 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the "old Act") was published on 18/4/2010, which was followed by notification dtd. 4/7/2011 under Sec. 6 of the old Act. The award dtd. 29/11/2013 came to be passed under Sec. 11A of the old Act. However, till commencement of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Re-Settlement Act, 2013, (Hereinafter referred to the as the "New Act") neither possession of lands was taken nor was compensation parted in favour of the petitioners.

(3.) In the year 2017, notices under Sec. 12(2) of the old Act were issued in purusnace to award passed by the respondent No.2. The possession of the lands under acquisition was taken and compensation amount came to be disbursed as per the award passed by the Special Land Acquisition Officer/Deputy Collector, Dhule.