HANUMANTRAO MORBAJI GUDADHE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Land admeasuring 17609.315 sq.mtrs. shown in part F of the final statement was declared as surplus vacant land which was required to be surrendered by the declarant in terms of the order dated 29/09/1981 passed in the proceedings under sec. 6(1) of the Urban Land (Ceiling and Regulation) Act, 1976. A scheme for exemption under sec. 20 of the said Act in respect of it was approved on 28/10/1997, but the Nagpur Improvement Trust refused to sanction the plan. The land declared surplus would vest in the State Government upon issuance of the notification under sub-sec. (3) of sec. 10 of the Urban Land (Ceiling and Regulation) Act, 1976. Thereupon the owner of the land becomes entitle to compensation in terms of sec. 11 of the said Act.

(2.) In the present case after the plan was rejected by the Nagpur Improvement Trust, there is nothing place on record to show that the notification as required by sub-sec. (3) of sec. 10 of the said Act was issued prior to its repeal on 27/11/2007. Similarly, no determination of compensation under sec. 11 of the said Act is brought to our notice.

(3.) Not only that but the proceedings have commenced for acquisition of the land under the Land Acquisition Act, 1881 probably presuming that the land did not vest in the government before repeal of the Urban Land (Ceiling and Regulation) Act. The compensation under the Land Acquisition Act is determined at Rs.1,48,66,001.00 . The dispute is in respect of this compensation. As per the action impugned in the present petition, 50% compensation is made payable to the petitioner whereas 50% compensation is made payable to the State Government.