BALSHIRAM KHANDU PAWAL Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) By this petition, petitioners are challenging the acquisition proceedings initiated by the Special Land acquisition Officer by issuing Notification under section 4 dated 24/09/1997 and declaration dated 02/06/1998 issued under sections 6 and 17 of the Land Acquisition Act, 1894 and the award dated 31 / 03 /2000 which was passed pursuant to the said declaration dated 02/06/1998. Petitioners are also challenging the order passed by the respondent No. 3 - Divisional Commissioner, Revenue Division, Pune dated 14/08/2002 on the representation made by the petitioners in respect of the land which was acquired by the Special Land Acquisition officer. Petitioners are challenging the aforesaid Notification and the decision passed by the respondent No. 3, under Articles 226 and 227 of the Constitution of India.

(2.) Brief facts are as under:-

(3.) Respondent No. 1 - Special Land Acquisition Officer No. 22 issued Notification under section 11 of the Maharashtra Project affected Persons Rehabilitation Act, 1986 and, thereafter, issued Notification under section 4 of the Land Acquisition Act, 1894 in respect of the land belonging to the petitioners, admeasuring 80 R out of the land bearing Gat No. 1642 (Part) situated at village Kalus, Taluka Khed, District Pune. Respondent No. 1 also applied urgency clause under section 17 of the Land Acquisition Act and, thereafter, an award was passed after inquiry under section 9 of the said Act was held.