FAROKH BEHRAM IRANI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HEARD Advocates.

(2.) THE challenge is to the acquisition of the Petitioners' lands bearing C. T. S. Nos. 1192 and 1193 situated at Village Yervada under the Land Acquisition Act, 1894, hereinafter for the brevity's sake referred to as "the Act". The notification under Section 4 of the Act was issued on 18th May, 1982 and the same was published in the Maharashtra government Gazette on 3rd June, 1982. The declaration under Section 6 of the Act was issued on 27th September, 1984 which was published in the Maharashtra Government gazette on 8th November, 1984. The declaration was also published in local newspaper on 20th March, 1985 and 25th march, 1985. The Award was made on 24th march, 1987.

(3.) THE land of the Petitioner is being acquired for widening of Pune Nagar Road. In the revised development plan Pune Nagar road is shown having width of 150 ft. from parnakuti Chowk to Gunjan Talkies and from gunjan Talkies upto P. M. C. limits it is shown having width of 200 ft. Out of the Petitioners' properties C. T. S. No. 1192 is marginally affected by 150 ft. D. P. Pune Nagar Road and c. T. S. No. 1193 is substantially affected by the regular line of the street prescribed by the municipal Commissioner in exercise of his power under Section 210 of the Bombay provincial Municipal Corporations Act, 1949. The Petitioners are the heirs and legal representatives of one Behram Irani. The notice under Section 4 (1) of the Act was issued in the name of Behram Irani. It appears that behram Irani was not alive on the date of issuance of the notice and the notice was received by the 1 st Petitioner. Inspite of receipt of the notice, the 1st Petitioner did not participate in enquiry under Section 5-A of the act. He did not raise any objection to the acquisition proceedings including that the proceedings are initiated against the dead person. He also failed to intimate the Special land Acquisition Officer about the death of behram Irani. The Petitioners instituted a civil suit being Regular Civil Suit No. 860 of 1987 only on 27th April, 1987 though the declaration under Section 6 of the Act was issued on 27th september, 1984. The suit was withdrawn in 1998 and the present petition was filed.