DATTATRAYA GOPALRAO BROKUTE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY the present two writ petitions, the petitioners are seeking a relief that the land which has been acquired for the purpose of alignment of ring road in the city of Nagpur be released under section 48 of the Land Acquisition Act, 1894 (hereinafter 'the Act' for short ). Brief facts of the case are as under.

(2.) THE petitioner in Writ Petition No. 576 of 2004 is the owner of Survey no. 58/1-G/4, situated at Somalwadi, Nagpur, whereas petitioners in Writ petition No. 863 of 2004 are the owners of Survey No. 58/1 GH, 58/5, situated at Somalwadi, Nagpur.

(3.) ON 10-10-1988, notification was issued under section 4 of the Act, for public purpose of providing alignment of ring road for the city of Nagpur. Petitioners raised objection to the said acquisition by filing their objection under section 5-A of the Act, before the Land Acquisition Officer, Collector office, Nagpur. They further filed additional objections to the said acquisition proceeding. Ultimately, an award came to be passed on 20th April, 2004 and notice of possession was issued under section 12 (2) of the Act. Being aggrieved by the said award the petitioners preferred reference application before the Collector, Nagpur which has been forwarded to the Civil Judge, SD, nagpur. The said reference application was numbered as 2 of 1997 and the same is still pending before the Joint Civil Judge SD, Nagpur. Possession of the land has been taken over by the Collector in pursuance of the acquisition proceeding.