BHAUSAHEB BAPURAO GAVHANE Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) The petitioner is a resident of village Koregaon Bhima, Taluka Shirur, District Pune. The petitioner's case is that the 1st respondent i.e. Special Land Acquisition Officer, Pune ("S.L.A.O." for convenience) initiated acquisition proceedings to acquire land admeasuring 38 Ars out of Gat No. 1422 and 43 Ars out of Gat No. 660 situated at Mouje Koregaon Bhima, Taluka Shirur, Pune. The acquisition proceedings were initiated for the purposes of resettlement of Chaskaman Project affected persons.

(2.) According to the petitioner, the notification under Section 4 of the Land Acquisition Act ("the said Act" for short) is dated 24/7/88. It was published in the Government Gazette on 8/9/88. As per the said notification, land bearing Gat No. 1422, area admeasuring 80 Ares was notified for the purpose of acquisition. According to the petitioner no individual notice was given to the petitioner, however, his signature in token of having received the notice was taken. According to the petitioner the respondents have not made any inquiry. They have not called for any objections which was mandatory as per Section 5A of the said Act. The petitioner contends that, therefore, he could not file his objections.

(3.) The petitioner's further case is that he is in possession of old Gat No. 1422 and Gat No. 660, which has come to his share by partition executed between the family members. It is further contended that when the petitioner came to know that old Gat No. 1422 was converted into new Gat No. 852, he made inquiry and he came to know about notification under Section 4 dated 27/7/88. He was not aware whether notification under Section 6 of the said Act had been issued by the respondents or award had been passed in respect of the land which was subject matter of that notification. According to the petitioner as per his knowledge the award was not passed and since there was apprehension that the respondents may forcibly take possession of his land he filed Writ Petition No. 576 of 1998 challenging the notification dated 27/7/88.