DEVRAM GOVIND GADGE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioners by this petition are challenging the acquisition proceedings initiated by the Special Land Acquisition Officer in respect of land admeasuring 1 hectare and 62 Ares from Gat No. 1344 in partition from village Nimgaon Sava, Taluka-Junnar, District-Pune.

(2.) Brief facts relevant for the purpose of this petition are as under; the petitioner's case is that their land admeasuring 1 hectare 75 Ares was acquired in the year 1982 from Gat No. 710 and at the relevant time this land stood in the name of the joint family of the petitioners and that there was partition between the petitioners on 16-8-1986 and pursuant to the said partition, application was made to the revenue authority namely the Tahsildar, Junnar for giving permission for partition of the land. It is the case of the petitioners that tahsildar, Junnar passed an order dated 6-8-1986 and divided the land amongst the petitioners by metes and bounds and permission under section 85 of the maharashtra Land Revenue Code was granted and thus, sanction for partition was given by the Tahsildar under the settlement provision.

(3.) Thereafter notice under section 4 (1) of the Land Acquisition Act was issued for acquiring petitioner's land to the extent of 1 hectare and 62 Ares from gat No. 1344 (P) which was in possession of the petitioners. The petitioners filed their objections and pointed out that the land to the tune of 1 hectare and 75 Ares had already been acquired and thereafter partition was effected in the year 1986. Therefore, the land of the petitioners after partition was not liable to be acquired for the second time and in any case after partition land in possession of the petitioners being less than 4 acres. Acquisition notice and the declaration of the government was liable to be quashed. This objection was not accepted by the government and finally award was passed on 11-8-1993. Application was filed by the petitioners before Deputy Commissioner, Pune Division, Pune on 23-7- 2001. Appeal was partly allowed against which Revision was preferred before revenue and Forest Department, Mantralaya who did not grant any interim orders and thereafter present petitioner has filed this petition under Articles 226 and 227 of the Constitution of India. Learned Advocate for the petitioner submitted that the land having being acquired once in 1982 for Meena Canal by the Special Land Acquisition Officer, Pune, there can be no second acquisition for the said purpose. The second grievance was that in any case the land was not liable to be acquired since there was partition of the joint family and sanction for partition was granted by Tahsildar by order dated 16-8-1986 and pursuant to the sanction, land was divided by metes and bounds and the petitioners got their shares of land admeasuring 1 hectare and 62 Ares, out of Gat No. 1344. It is contended that in view of partition, total holding of the petitioner was less than 4 acres and therefore, acquisition proceedings was liable to be quashed. Learned advocate relied upon the Judgment of the Division Bench of this Court in case of veerchand Anna Valwade vs. State of Maharashtra, reported in 2002 (5) Mh. LJ. 129 = AIR 2002 Bombay 197 in support of his submission. Learned Additional government Pleader has submitted that petition is liable to be dismissed on the ground that the award was passed on 26-2-1993 and the present petition has been filed in 2003. He relied on the Judgment of Supreme Court in the case of municipal Council, Ahmednagar and another vs. Shah Hyder Beig and others reported in 2003 (3) Mh. LJ. (SC) 1 = AIR 2000 SC 671. He also submitted that the ratio of the judgment in the case of Veerchand Anna supra was not applicable to the facts of this case, as petitioners had not specified in the petition, that earlier acquisition was for the same purpose.