BALASHAHEB VITHALRAO SURYAWANSHI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE petitioners (land owners) have challenged the acquisition proceedings No. 1994/ssk/1/lnq/cr/418 dated 12/1/95 whereby the respondents proposed to acquire the petitioners' lands for rehabilitation of flood affected persons and to quash and set aside the notification under Section 6 of the Land Acquisition Act 1894 (the Act for short) issued by respondent.

(2.) THE petitioners are owners of agricultural land Gut Nos. 259, 260, 273, 274 and 275 situated at village Nila Tq. Purna, Dist. Parbhani. The government of Maharashtra proposed to acquire these lands for public purpose viz. for rehabilitation of flood affected persons. Notification under section 4 of the Act was issued and published in government gazette dated 30/9/1993. The petitioners were not served with the notices under section 4 of the Act. The petitioners have submitted their objections under section 5-A of the Act (Annexure B ). Inspite of objections personal opportunity of hearing was not given to the petitioners and lastly the notification under Section 6 of the Act was issued and notified in government gazette dated 12/1/1995.

(3.) THE petitioners have challenged this notification as well as acquisition on the following grounds and prayed to quash and set aside the same. i. The government has already acquired land Survey No. 95 and took possession of the said lands but no attempt was made to rehabilitate the flood affected persons, ii. Petitioners lands are black cotton soil and are not at all feasible for construction of houses, iii. Declaration under Section 6 of the Act is not made within time stipulated by statute i. e. within one year from the date of notification under Section 4 of the Act.