PRALHAD PUNDLIK MARATHE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE petitioner has challenged the Notifications Under Sections 4 and 6 of the Land Acquisition Act issued in Land Acquisition Case No. LAO/dighi-23 of 1988-89 pending with the Sub-Divisional Officer and Land Acquisition Officer, Malkapur. THE petitioner is owner of Gat No.2 of village Dighi, Tq. Nandura, District Buldana, admeasuring 1. 18 Hectares. According to the petitioner, the said land has been allotted to the share of petitioner by a registered partition deed dated 2nd September, 1988. THE land under acquisition is G. No.2 admeasuring 1 hectare and 18 Are and is being acquired for extension of village Gaothan and the Notification under Section 4 has been issued on 2. 8. 1989. THE petitioner has filed objections under Section 5-A of the Land Acquisition Act on 22. 1. 1990 after personal service of notice and has raised various objections as per Annexure-C. According to the petitioner, thereafter an opportunity of hearing under Section 5-A was given to the petitioner and the Land Acquisition Officer-Respondent no. 2 submitted report to the Government that the proceedings in respect of the acquisition of land may be dropped which is at Annexure-D. However, it appears that the said report was not accepted by the Government and thereafter another report was prepared wherein the objections raised by the petitioner were negatived and the Notification under Section 6 has been issued. THErefore the petitioner has approached this Court challenging both Notifications.

(2.) THIS Court on 23. 1. 1991 issued notice before admission and interim stay was granted. The 'rule' was issued on 20.3.1991 and the interim order was continued, and therefore, the award has not been passed.

(3.) AS in the present matter, it is an admitted fact that the inquiry under Section 5-A was made wherein the petitioner has taken part in accordance with law, the petitioner is not entitled for having further or a fresh inquiry after the respondent no. 1 refused to accept the recommendations made by the respondent no. 2 the Land Acquisition Officer.