SUKUMAR M KHOT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE. Heard forthwith.

(2.) THE petitioners are owners of lands in respect of which proceedings for acquisition were initiated under the Land Acquisition Act, 1894 (hereinafter referred to as the Act ). The petitioners had earlier moved this Court by a Writ Petition, being Writ petition No. 6022 of 2005, challenging the declaration made under section 6, dated 23-6-2005 which was published on 22-8-2005. A learned bench of this court by an order dated 21-3-2006 set aside the declaration under section 6 of the land Acquisition Act for the area of 54 hectares and 16. 30 ares and remitted the matter to the Land Acquisition Officer for fresh inquiry in terms of section 5-A of the Land Acquisition Act.

(3.) PURSUANT to those directions, a notice was issued to the petitioners for an inquiry to be conducted under section 5a of the Land Acquisition Act, read with the rules framed by the State of Maharashtra. Subsequent to the notice and after giving a hearing to the petitioner, the Appropriate Government has been pleased to issue a fresh declaration under section 6 of the Land Acquisition Act, dated 10-8-2006. The notification recites that the report of the officer competent to send report as per section 5 (2) has been considered and it is necessary to acquire lands for the public purpose at the cost of the Government.