(1.) THE Petitioner, by this Petition, is challenging the Notifications published on 25th June, 1987 in the Government Gazettee under Section 4, and the Notification published on 7.7.1988 under Section 6 of the Land Acquisition Act, 1894, whereby Respondent No. 1 sought to acquire 3 areas of land of the Petitioner out of Gat No. 152 at Village Mirajgi, Taluka Akkalkot, District Sholapur for the alleged public -purpose of burial ground for the Muslim Community.
(2.) IT is the grievance of the Petitioner that the land of the Petitioner which is sought to be acquired is a bagayat land, and that, the number of Muslims residing at Mirajgi is very small, and that, their population is hardly 50 in number. It is further contended by the Petitioner that as such 5 acres of land is already allotted for the purposes of burial ground for the Muslim Community. It is submitted by the Petitioner that though he filed objections under Section 5A of the Land Acquisition Act, the said objections were not considered, and that, the acquisition of his land is malafide and hence, the same be quashed.
(3.) IN para I of the affidavit -in -reply filed by the Respondents, there is a clear admission that area of 5 acres has already been allotted for the purposes of burial ground for Muslim Community. It is further submitted by the Respondents that though this was the position, as the representation was made by the Muslim Community members that the said burial ground was not adequate and did not satisfy the needs of the community, a proposal was sent for the purposes of acquisition of petitioners of land.