SANJAY PANDURANG WAGH Vs. SPECIAL LAND ACQUITION OFFICER

JUDGEMENT

(1.) HEARD the learned counsel for the petitioners, the learned Assistant government Pleader for respondent No. 1 and the learned counsel for respondent No. 2.

(2.) BY this writ petition, the petitioners have challenged the land acquisition proceedings bearing Land Acquisition Case no. 15/a-65/85-86 of Rengapar, Tahsil and district - Nagpur and prayed for quashing the notification dated 30-3-1996 under Section 4 of the Land Acquisition Act and declaration dated 16-4-1987 under Section 6 of the said act as null and void.

(3.) IT seems that respondent No. 2 approached respondent No. 1 for acquisition of survey No. 191/1, 2. 33 Hectors and Survey no. 124/2, Area 2. 17 Hectors of mouza rengapar, Tahsil and District- Nagpur for market development. A resolution to that effect was passed by respondent No. 2 on 2-8-1985. Upon the requisition by respondent No. 2, a preliminary Notification under Section 4 (1) of the Land Acquisition Act was issued by respondent No. 1 on 20-3-1986. It was duly published in official gazette as well as newspapers. An individual notice was also issued to the land owner namely Ganpati sambhu Pawar which was served on him on 24-4-1986. On 26-5-1986, he moved an application before respondent No. l in which he claimed that the land is his self-acquired property, that nobody else has any right in it and that the compensation should be paid to him alone. On 29-9-1986, Ganpati Sambhuji pawar moved an application before respondent no. 1 claiming compensation at the rate of rs. 25,000/- per acre and employment to his grandson.