MAHARASHTRA STATE ELECTRICITY BOARD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is a writ petition filed by the Maharashtra State Electricity Board (for short, M. S. E. B.) through its Executive Engineer (Civil Construction-Maintenance) Division Nasik Road, Nasik, to challenge the order made on 24-8-1995 by the State Government directing the resumption and restoration of the land to the original owner under the 1973 Resolution.

(2.) THE petitioner seeks the reliefs of issuance of a "writ of Certiorari or any other directions in the nature of a Writ" to quash the order or the recommendation of the Commissioner, Nasik, dated 24-8-1995 and also the order of the Tahsildar, Pathardi, dated 4-10-1995 in execution of the order for restoration of possession of the land to the respondents No. 3 and 4.

(3.) THE material facts are these ; the State Government - respondent No. 1 acquired agricultural lands bearing Survey No. 10 admeasuring 1 H 95 R and Survey No. 11/7 admeasuring 1 H 15 R belonging to the respondents No. 3 and 4 along with the land Survey No. 11/8 admeasuring 1 H 12 R and Survey No. 11/9 admeasuring 1 H 30 R belonging to one Dhondiba Sakhare and another for the purpose of construction of 132 K. V. Sub-Station at Pathardi Taluka Pathardi District Ahmednagar. These lands were acquired under the provisions of the Land Acquisition Act, 1894. The possession of the lands was also given to M. S. E. B. The M. S. E. B. constructed 132 K. V. Sub-Station and tower in the area of 7 gunthas only out of the land Survey No. 10.