PANDURANG GANPATRAO WELEKAR Vs. SUB-DIVISIONAL OFFICER NAGPUR

JUDGEMENT

(1.) This petition seeks to challenge the two notifications under the Land Acquisition Act. The first challenge is to the notification which was issued on May 27, 1966 under Section 4 of the Land Acquisition Act. The other challenge is to the notification under Section 6 of the Land Acquisition Act issued on January 14, 1966.

(2.) The Gram Panchayat Fetri passed a resolution on September 19, 1963 , requesting the Government to acqurie land for construction of houses and for extension of the abadi. The resolution shows that it was proposed that khasra Nos. 47, 48 and 49 of village Chincholi be acquired for extension of gaothan. In pursuance of this resolution proceedings were taken up by the Revenu Authorities for the purpose of making an enquiry under Section 226 of the Madhya Pradesh Land Code . Accordingly the enquiry under Section 226(2) of the Madhya Pradesh Land Revenue Code holding that private land be acquired for the extension of the gaothan. He also held that the present abadi is insufficient and there was no other land available for the extension of the abadi. The notification under Section 4 of the Land Acquisition Act was issued on May 27, 1966, which notified Khasra Nos. 47 (0.56 acres) for acquisition. Petitioner No. 1 hold khasra No. 48 and petitioners Nos. 2 and 3 jointly own khasra No. 47.

(3.) After the notification under Section 4 of the Land Acquisition Act was issued, the petitioner submitted their objections to the proposed acquisition. These objections were considered and a report was submitted under Section 5A. This report under Section 5A was considered by the Commissioner and a notification under Section 6 was issued on January 14, 1969.