YUSUF AJIJ SHAIKH Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) THE appellants herein filed the suit against the respondents for a declaration that the suit property is an ancient monument and structure of Archaeological importance and for permanent injunuction restraining them from acquiring the land. The suit came to be dismissed and the said decree confirmed in appeal. It is under challenge in this appeal.

(2.) THE property bearing C. T. S. No. 327 from Raviwar Peth, Bohari Ali, Pune, is situated in the midst of the road passing east-west and belongs to a religious trust known as Subhansha Dargah and Masjid Trust - a registered Public Trust. The property is known as Subhansha bungalow and situated in a congested area.

(3.) PUNE Municipal Corporation took into consideration bottlenecks to the traffic due to the said structure and passed a resolution for acquiring the same for road widening. The proposal was made to the Government and at that time instead of acquiring the whole, part of the land came to be acquired admeasuring about 274 sq. ft. from the north side. Award came to be passed in that respect on 29-6-1966. However, the Corporation was asked to make study about the traffic and submit fresh proposal if necessary. The Municipal Corporation found partial acquisition totally insufficient to clear the difficulties of traffic bottlenecks. It was found that there was fast expansion and, therefore, fresh proposal was made for acquisition. Notification under section 4 of the Land Acquisition Act was issued on 5-2-1970 for acquisition of the remaining property. Notices came to be issued to the trustees of the Trust and the objections came to be heard by the Land Acquisition Officer under section 5a of the Land Acquisition Act. The objections were turned down and section 6 Notification came to be issued on 27-6-72 and an award came to be passed on 3-9-1974.