USHADEVI NARGOLKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE petitioner is a holder of the land in question. On 27th October, 1961, it was requisitioned for rehabilitation of flood affected persons of village Shivane. On 14th January, 1964, Notification under Section 4 of the Land Acquisition Act, 1894 was issued. Thereafter, in January 1965, Notification under Section 6 of the said Act was also issued. After passing the Award, on 29th February 1968, total amount of Rs.3,737.50 was paid by way of compensation.

(2.) SUBSEQUENTLY , it is revealed that the land in question could not be utilised for the purpose for which it was acquired. The petitioner, therefore, in 1978 applied for restoration of the land. The Government did not pay any heed to it. The petitioner, therefore, filed Writ Petition No. 5888 of 1986, which was disposed of on 2nd December, 1992 directing the Government to consider the application of the petitioner. The petitioner thereafter filed the instant petition on 15th April 1994. In the meanwhile, the State Government restored back the land in question to the petitioner on payment of the current market price. Without prejudice to the rights and contentions, the petitioner paid the market price of about Rs.13 lakhs.

(3.) PETITION disposed of. Rule made absolute in the above terms. No costs. Certified copy expedited.