LAWS(BOM)-2008-8-183

AMIRUDDIN HASAN NOORANI MALAK Vs. STATE OF MAHARASHTRA

Decided On August 27, 2008
AMIRUDDIN HASAN NOORANI MALAK Appellant
V/S
SUB-DIVISIONAL OFFICER AND LAND ACQUISITION OFFICER Respondents

JUDGEMENT

(1.) Heard. By this writ petition, the petitioner has prayed for quashing of notification issued by the respondent no. 2 Land Acquisition Officer under Section 6 (2) dated 20.3.1999 published on 1.4.1999 and notice issued under Section 9 (1) of the Land Acquisition Act requiring land owner to appear on 27.12.2000 and for raising objections, if any.

(2.) The facts are as under.

(3.) It is case of the petitioner that he had no opportunity to know the answer to the objections raised for proposed acquisition as no inquiry was conducted as required and thus, there was violation of Section 5A of the Act. Inquiry under Section 5A is statutory and petitioner had every right to participate and he should have been given adequate opportunity to participate in the inquiry. Authority concerned has ignored the requirement of law.