SADASHIV KISHAN LALA Vs. ADDITIONAL COMMISSIONER

JUDGEMENT

(1.) Heard Shri S. C. Bora, Advocate for the petitioner and Shri S. K. Shelke, Additional Government Pleader for the Respondents. Rule returnable forthwith. Respondent No. 2 - the Special Land Acquisition Officer - has filed the affidavit in reply.

(2.) By this writ petition the petitioner seeks to challenge the land acquisition proceedings in respect of Survey No. 2 to the extent to 60 R. situated at village Ravangaon in Mukhed Tahsil, district Nanded.

(3.) Admittedly notification under section 4 of the Land Acquisition Act (hereinafter referred to as "the said Act") was issued by the Special Land Acquisition Officer on 2-7-1981. The petitioner submitted his objection in writing in the office of the Land Acquisition Officer on 5-9-1981 pointing as to how Survey No. 2 which is proposed to be acquired was not suitable for house-site. It is the grievance of the petitioner that the mandatory provision of section 5-A of the said Act were not complied with in this case by the Special Land Acquisition Officer inasmuch as no hearing was given to him. Subsequently declaration under section 6 of the said Act was also issued on 1st July, 1984, on the report submitted by the Special Land Acquisition Officer stating that the objection under section 5 of the said Act were considered.