BABASAHEB EKNATH WAKCHAURE Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard learned counsel for the parties. Rule.

(2.) The petitioners have challenged the award dated 10.3.1977 passed by the Land Acquisition Officer respondent no.3 by which the land of the petitioners bearing Survey No.112/3 (Gut No.463) admeasuring 5 Acres 4 Gunthas has been acquired for the purpose of rehabilitation of project affected persons. The petitioners have challenged the award mainly on the two grounds that the physical possession of the land has not been taken from the petitioners and no compensation of the acquired land has been paid to them.

(3.) Initially the above mentioned properties were recorded in the name of grandfather of the petitioners and after his death, the properties are succeeded by the petitioners and name of one Haribhau, eldest cousin brother of the petitioners, has been recorded as per the mutation entry No.1048.