NIVRUTTI SHANKAR SHEWALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Shri S. K. Shinde, learned Counsel for the Petitioner, and Shri N. H. Borade, learned A. G. P. for the Respondents.

(2.) THIS petition takes an exception to the Government Notification dated January 25, 1988 issued by Respondent under Section 4 (1) of the land Acquisition Act, 1894 and published in the Maharashtra Government Gazette dated April 7, 1988, as well as Notification under Section 6 of the Land Acquisition Act, 1894 dated July 31, 1989, published in maharashtra Government Gazette dated August 3, 1989, holding that the land to the extent of 0 Hector, 81 acres out of Gat No. 30/4 (Part) situate at village Takli, Taluka Akola, District Ahmednagar, is required for public purpose. By way of consequential relief, the Notification issued under section 11 of the Maharashtra Re-settlement of Project Displaced Persons act, 1976 (hereinafter referred to as the "act of 1976", for short) is also sought to be quashed and set aside to the extent of Petitioner's land from gat No. 30/4 of village Takli, Taluka. Akola, District Ahmednagar.

(3.) DIVISION Bench of this Court, by order dated October 18, 1989, issued Rule and, initially rule on interim relief was also granted, returnable on November, 27, 1989. On November 27, 1989, stay in terms of prayer clause (C) was issued. Admittedly, there is no return filed by the respondent-State or its authorities.