LAWS(BOM)-2005-10-230

GAJANAN YASHWANT NAIK Vs. SPECIAL LAND ACQUISITION OFFICER

Decided On October 28, 2005
Gajanan Yashwant Naik Appellant
V/S
SPECIAL LAND ACQUISITION OFFICER Respondents

JUDGEMENT

(1.) HEARD . Perused the records. The petitioners challenge the order dated 23rd July, 2002 passed by the respondent No.6 rejecting the application filed by the petitioners for deletion of their land from the acquisition proceedings.

(2.) SOMETIMES in the year 1966, a vast area of land including the property belonging to the petitioners was notified under Section 9(2) of the Manoeuvres, Field Firing and Artillery Practice Act, 1938. Pursuant to the request by the Defence Estate Officer, Pune Circle, Pune, a substantial vast area was also sought to be acquired under the notifications issued under Sections 4 and 6 of the Land Acquisition Act, 1894, hereinafter called as "the said Act", in the year 1988-89, respectively, and some proceedings were concluded by the award dated 23rd May, 1991. The area so acquired admeasures about 131 hectares.

(3.) THEREAFTER , the authorities heard the petitioners consequent to the detailed representation made by the petitioners on 18th January, 2001 and by the impugned order dated 23rd July, 2002 rejected the request for withdrawal of the land from the acquisition proceedings.