JAYWANTI HARISCHANDRA KARVE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In this petition filed under Article 226 of the Constitution, the petitioner has prayed that the notices/notifications dated 13/4/1972 issued under section 32(1) of the Maharashtra Industrial Development Act, 1961 (for short, "the said Act") for acquisition of Gut No.141 at Village Bosari, Taluka and District Thane (for convenience, "the said lands") be quashed. The petitioner has also prayed that order dated 31/10/1969 issued by the respondents for taking possession of the said lands and subsequent Award passed in respect of the said lands dated 23/7/1978 be quashed and set aside. It is also prayed that the surplus lands out of the said lands remaining unutilized be directed to be revested in the petitioner along with her brothers.

(2.) The case of the petitioner is that the petitioner's deceased father Nathu Patil and his brother Srawan Patil owned lands at Village Bosari. There was a suit for partition in which land admeasuring 23210 AGA as shown in the sketch annexed to the petition, was assigned to the share of the petitioner's deceased father Nathu.

(3.) The State Government acquired the said lands under the provisions of the said Act on 10/4/1972. The notice of acquisition of the said lands under section 32(1) of the said Act issued on 10/4/1972 was published in the Official Gazette on 13/4/1972. By operation of section 32(4) of the said Act, the said lands vested in the State Government free from all encumbrances. According to the petitioner, as per section 39(2) of the said Act, if the State Government/Corporation sells or transfers the said lands, it has to offer it to the petitioner in the first instance. The petitioner's case is that the State Government/Corporation sold and transferred the said lands to Herdillia Chemicals Limited (for convenience, "the said Herdillia"). But the said Herdillia did not develop the said lands owned by the petitioner's joint family, for industrial purposes, till today. The petitioner through other heirs, suo moto, approached respondent 3 Maharashtra Industrial Development Corporation (for convenience, "the Corporation") with a request that they should offer to the petitioner and other heirs six plots of 100 sq. mtrs. each for their industry M. Steel Fabrication. The Corporation agreed to sell them the said lands at the price of Rs.600/per sq. mtr. but later on demanded a higher price, thus, virtually rejecting the petitioner's request. According to the petitioner, this is in clear breach of section 39(2)(a) of the said Act.