GANU BHAU MOHITE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY this Petition, petitioner is challenging the acquisition proceedings in respect of land Gat No.1023, 1192, 1194, 1246, 1367, Khate No. 263 of village Tondoli, Taluka - Khanapur, District Sangli which stood in the name of deceased Ganu Bhau Mohite.

(2.) ONE Ganu Bhau Mohite died on 15/02/1984 leaving behind his legal heirs who are the petitioners who have filed the present Petition. Petitioner - Shivaji Ganu Mohite had informed the Special Land Acquisition Officer and District Resettlement Officer that Ganu Bhau Mohite had expired in 1984. It is the case of the Petitioners that no individual notice was issued to the petitioners either under section 4(1) of the Land Acquisition Act or section 6 of the Land Acquisition Act. No personal hearing was given in the inquiry which ought to have been held under section 5A and an Award was passed behind their back. It is further contended that though Ganu Bhau Mohite had expired in 1984, all notices had been issued in the name of the deceased and even the Award was passed in the name of the deceased Ganu Bhau Mohite. It is submitted that the individual holding of the Petitioners is less than 8 acres and, therefore, was not liable for acquisition. Petitioners, therefore, have filed the present Petition challenging the acquisition proceedings. A reply has been filed by the Special Land Acquisition Officer in which it is stated that notice under section 4 was published in Government Gazette on 18/2/1999. It is further stated that nobody appeared in 5A inquiry and, ultimately, a declaration under section 6 of the Land Acquisition Act was issued on 10/3/1999 which was published in the Government Gazette on 11/3/1999. It is admitted in para 5 of the reply that the notices were issued in the name of the deceased Ganu Bhau Mohite and that the notice was not personally served on him. It is further stated that on 10/8/1999, an Award was passed in respect of the land of the petitioners and possession of the land was obtained on 30/3/1999.

(3.) WRIT petition is allowed in the above terms. It is needless to mention that the respondent - State of Maharashtra can always start acquisition proceedings by following proper procedure as laid down under the Land Acquisition Act.