LAWS(BOM)-2016-8-152

JITESH BHAIYALAL SAHU Vs. STATE OF MAHARASHTRA

Decided On August 04, 2016
Jitesh Bhaiyalal Sahu Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Heard Shri Rahul Dhande, learned Counsel for petitioners, Shri N.R. Patil, learned Assistant Government Pleader for respondent Nos.1 and 2 and Shri A.B. Patil, learned Counsel for respondent No.3.

(2.) A piece of land admeasuring 1.95 hectares situated at Mouza Morangana, Taluka and District Amravati originally belonged to petitioners. Under a preliminary Notification issued under Section 4 of the Land Acquisition Act, 1894 (for short, 'Act of 1894') on 11/12/2012, the land of petitioners along with some other lands was proposed to be acquired for rehabilitation of village Haturna. Total land required for public purpose was 34.93 hectares.

(3.) Petitioners filed objections to proposed acquisition. After overruling the objections, State Government published a declaration under Section 6 of the Act of 1894 on 02/03/2013. Respondent No.2 passed award on 26/07/2013. The said award was not immediately communicated to petitioners under Section 12(2) of the Act of 1894.