NANDKISHORE BANSILAL RATHI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS petition under Article 226 of the constitution of India has been filed by the petitioners to quash the Land Acquisition Case No. LAO/2/79-80 pending before the Sub-Divisional Officer/land Acquisition Officer, Malkapur. The lands of the petitioners have been reserved for construction of building for police Station and Police Staff quarters under the sanctioned development plan of Nandura town in the year 1974. Thereafter the notification under Section 126 read with Sections 4 and 6 was issued on or about 3-4-1987 and it was published in the Government Gazette on 7-5-1987. It was also published in the news papers, viz. 'shivsandesh' and 'daily Awahan' dated 27-4-1987. After issuance of the notice under section 9, the present petition came to be filed. Rule was issued by this Court on 5-10-1987 and the interim stay granted on 17-4-1987 was continued.

(2.) THE main challenge in the present writ petition is in respect of the notification issued under Section 4 read with Section 6 of the Land Acquisition Act is bad in law as the same has been issued after period of three years provided under Section 126 (1) and (2) of the Maharashtra Regional and Town Planning Act. THE second challenge is to the effect that the land could not have been reserved for the purpose of construction of building for Police Station and police staff quarters as on all the 61 plots, houses have been built.

(3.) THE other contention that the houses were there on those plots prior to the finalisation of the Development plan in 1974, cannot be considered in this petition, because the provisions of the MRTP Act provided for finalisation of the Draft Development Plan are akin to Sections 4 and 5-A of the Land Acquisition Act and that Chapter under the MRTP Act is itself a separate Code. Not only that, but the scheme which was finalised in 1974, cannot be allowed to be challenged in 1987 after a lapse of number of years. THErefore, the challenge on the said ground is bad in law as the same is not open for being challenged as per the provisions of the said Act as sufficient opportunity of hearing has been provided to the petitioners and the petitioners could have raised this objection before the concerned Authority before finalisation of the Plan. THE petition also suffers from the laches of delay, because draft development Plan was sanctioned in 1975 and the petition challenging the same has been filed in 1987 without giving any plausible and satisfactory explanation.