MR. ASHOK NARAYAN LANDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This Petition has been filed under Article 226 of the Constitution of India challenging an award dated 24th September, 2015 and the notice issued under Section 12(2) read with Section 16 of the Land Acquisition Act, 1894 (for short "the old Land Acquisition Act").

(2.) It is the case of the Petitioner that he is the owner of land admeasuring 9 Gunthas of City Survey No. 3328 situated at Bhosari (hereinafter referred to as "said property"). It is his case that in respect of said property a resolution came to be passed by the Local Town Planning Authority, namely, Pimpri Chinchwad Municipal Corporation and Resolution No. 417 was introduced for school purpose. This property was sought to be acquired under the provisions of the Maharashtra Regional Town Planning Act, 1966 (for short the "MRTP Act").

(3.) It is the case of the Petitioner that insofar as the said property is concerned, already construction had been made by the Petitioner on the said property. Not only that, according to the Petitioner, the Shops Act License had been obtained by the persons who are occupying the said structures and the structure that was constructed on the said property by the Petitioner has been assessed and property tax has been paid for the same by the present Petitioner. There are several other details set out in paragraph Nos.6 to 9 of the Petition in relation to the said property.