SANDVIK ASIA LTD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY the present petition, petitioners seek to impugn a notification for acquisition dated 30th November, 1995. Exhibit-A to the petition. The purpose of acquisition as reflected in the notification is for widening the Mumbai-Pune Highway and for re-locating an octroi post which is located on the Highway and which causes congestion to traffic. It is contended that the notification issued by respondent No. 3 Municipal Corporation under the Land Acquisition Act, it has no authority to issue the same. It is pointed out that the notification could at best be issued by the appropriate Government. Appropriate Government is defined in Section 3 (ee) of the Land Acquisition Act to mean, in relation to acquisition of land for the purposes of the Union, the Central Government, and in relation to acquisition of land for any other purpose, the State Government. The Highway vests in the Central Government. The acquisition will, therefore, be for the purposes of the Union and hence the Central Government alone is the appropriate authority. Notification issued by the Municipal Corporation in the circumstances is without the authority of law.

(2.) THE instant acquisition, as is clear from the notification itself is not issued under the Land Acquisition Act but is issued under the Maharashtra Regional and Town Planning Act, 1966. Before, issuance of the notification, a development scheme of Pimpri-Chinchwad Municipal Corporation as per section 31 (1) of the Act of 1966 has been approved vide notification dated 18th Sept. 1995. Prior to the approval objections to the Development Scheme were invited. Petitioners raised objections and the development scheme was approved after objections were over-ruled. Once it is found that the land in questions is reserved for a public purpose specified in the development schemes and is required for the said public purpose the notification issued under Section 126 (1) of the M.R.T.P. Act of 1966 cannot be successfully assailed. As far as the Municipal Corporation is concerned, it is the planning authority as defined under Section 2 (10) of the Act of 1966. Hence the authority of the Corporation to acquire the land cannot be successfully impugned. Petition in the circumstances is devoid of merit and the same is summarily rejected.