SAMBHA PURSHOTTAM PALIKONDAWAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The land belonging to the petitioners was acquired under the provisions of the Maharashtra Regional and Town Planning Act, 1966 (in short, "MRTP Act") by the respondent-Municipal Council, Pusad. Though the possession was taken on 22.1.1994, 1.8.1996 and 29.10.1996, the amount of compensation was not paid. It was offered on 6.2.2004 after this Court passed an order on 20th February 2004. It is informed that the petitioners have received the amount of compensation. In view of the order dated 20th th February, 2004 passed by this Court, the only question remained to be considered was the validity of provisions of sub-section (2) of Section 129 of the MRTP Act.

(2.) The provisions of Section 129(2) being relevant, is reproduced below :

(3.) It is well settled that the validity of the provisions of the Act cannot be challenged in comparison with similar provision in any other enactment. In our view, though the Land Acquisition Act prescribes 12% rate of interest under sub-Section (1-A) of Section 23 from the date of possession or award, as the case may be, till the actual payment, the question of sub-section (2) of Section 129 of MRTP Act becoming unconstitutional, does not at all arise. We, therefore, reject the said plea raised in this petition.