ABBAS ABDUL MHAITER Vs. DIRECTOR RESETTLEMENT

JUDGEMENT

(1.) BY this petition, the petitioners are challenging acquisition proceedings of their land bearing Survey No. 120/2 (p), admeasuring 75 acres in village Ashta, District Sangli.

(2.) IT is submitted by the petitioners that their father, one Abdul Mhaiter, who was the owner of the above referred land, died on 9th October, 1970, leaving behind him three sons as his heirs, and that, thereafter, the entire land was divided into three shares. It is contended that each co-owner is cultivating his land which came to his share, and that, the total holding of the petitioners is below the ceiling of 8 acres.

(3.) IT is also the grievance of the petitioners that though their father had already expired, the petitioners who were the sons of the said deceased Abdul Mhaiter, were never served with any notice and therefore, they could not file any objections under section 5-A to any of the Notification issued by the respondents under section 4 and under section 6 of the Land Acquisition Act, 1894. It is submitted by them that they learnt about the acquisition proceedings, only when notice dated 13th June, 1989 was issued by respondent No. 4 (Special Land Acquisition Officer (9), Sangli) calling upon the petitioners to attend his office to collect the amount of compensation, and also when they were served upon with the notice dated 23-6-1989 calling upon them to be present at the site, as on the said date, actual possession of the said land under acquisition was to take place. It is therefore prayed that the Notification issued by the respondents under sections 4 and 6 of the Land Acquisition Act, 1894, so also, the Notification issued under section 11 (1) and section 14 (1) and section 15 (1) of the Maharashtra Resettlement of Project Displaced Persons Act, 1976 be quashed.