SURESH JIJABA YADAV Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS petition was on final hearing board. Submissions were made on earlier date. The challenge in this writ petition under Article 226 of the Constitution of India is to the proceedings of acquisition of the land bearing Gat No.836 at Village Saspade, Taluka Satara, District Satara. The petitioner is claiming an area of 45 R out of Gat No.836 (hereinafter referred to as "the said land", for short). The reply discloses that on 13th October, 2000, an Award under Section 11 of the Land Acquisition Act 1894 (hereinafter referred to as 'the said Act of 1894', for short) was made in respect of the said land along with several other lands. It is pointed out that possession of the acquired land was taken over on 19th May, 1998. The learned AGP on instructions states that as far as the said land is concerned, the same has not been allotted to any project affected person.

(2.) IN support of the aforesaid statement, the learned AGP has placed on record a compilation which is taken on record and marked "Y" for identification. In the letter dated 7th April, 2015, addressed to the learned Government Pleader by the Deputy Collector (Rehabilitation) Satara, it is stated that the said land has not been allotted to any person.

(3.) THE notification under Section 11 of the Resettlement Act was issued on 12th March, 1984. One of the main contentions raised by the learned counsel appearing for the petitioner is that in the sanctioned Consolidation Scheme, the area of the Gat No.836 was shown as 3 Hectare and 32 R. He pointed out that it was an arithmetical mistake which has been corrected and the correct area of the Gat No.836 is shown as 2 Hectare and 83 R. Alongwith an additional affidavit of the petitioner dated 11th June, 2010, the petitioner has placed on record a photocopy of the certified copy of the extract of Form 8A. Along with another additional affidavit dated 21st February, 2014, the petitioner has produced mutation entry no.1220 certified on 23rd February, 1999 which records that the Consolidation Scheme was corrected in exercise of powers under Section 31A of the Bombay Prevention of Fragmentation and Consolidation of Holdings Act, 1947. The submission of the learned counsel appearing for the petitioner is that the modified area of Gat No.836 is 2 Hectare 32 R (5 Acres 29 Gunthas). He submitted that if the correct area would have been taken into consideration, it was below the prescribed slab.