GRAM PANCHAYAT BURAMBALI KOLHAPUR Vs. COLLECTOR KOLHAPUR

JUDGEMENT

(1.) The petitioner by the present petition seeks to challenge the order dated 11th August, 2003 passed by the collector, Kolhapur, and the order dated 23rd October, 2003 passed by the divisional Commissioner, Pune purportedly in exercise of powers under section 48 of the Land Acquisition Act, 1894, hereinafter called as "the said Act. "

(2.) The Government constructed a Dam across Tulshi River at Radhanagari taluka, District - Kolhapur, and as a result of construction of the said Dam, two villages were submerged in the back water of the said Dam. Consequently, in the year 1975, the area admeasuring about 12 acres and 11 gunthas of land was acquired under the said Act. Further, in the year 1977, an additional area from the property belonging to respondent No. 6 was acquired under the said Act for the purpose of rehabilitation of Tulsi Project affected persons for creation of new gaonthan. Out of the said land bearing No. 58/5 part, 58/6 Part, 59 part, 60/8 part and 71/2 totally admeasuring 8 hectares and 12 ares, the land bearing Survey nos. 58 and 59 were converted into plots and the same were allotted to 36 project affected persons and thus the land admeasuring about 2 H and 57 R was utilised for that purpose. The remaining land remained without being utilised for the said purpose.

(3.) The notification in relation to the said acquisition proceedings under section 4 of the said Act was published in the Government Gazette on 9th february, 1977 which was followed by a declaration under section 6 having been published in the Gazette on 14th December, 1978. The award under section 11 was declared on 30th March, 1979 for the total compensation of Rs. 46,226/-which was paid to the respondent No. 6 on 24th March, 1979. The land was taken on 29th May, 1979 and the mutation entry in that regard was effected bearing no. 778 in the revenue records pertaining to the land in question. A portion of the acquired land was allotted to Grampanchayat for construction of its structure.