VITHALRAO MADHAORAO Vs. COLLECTOR

JUDGEMENT

(1.) THIS judgment will dispose of both these petitions under Articles 226 and 227 of the Constitution.

(2.) THE petitioner Vithalrao in Special Civil Application No. 504 of 19G7 claims to be cultivating Khasra Nos. 51, 58, 60, 48, 03, 46 and 64, situate at village Binakhi in Patwari 'Circle No. 10 in Tahsil and District Nagpur under a registered lease deed dated July 9, 1047, from one Mohomed Hassan Nurani Malak. The petitioner also claims that he is recorded as a tenant in the record of rights and the tenants' list prepared under Section 8 of the Bombay Tenancy and Agricultural Lands Act, 1958, applicable to this region.

(3.) BY not ice dated May 3, 1062, respondent No. 2, that is, the Nagpur Improvement Trust, Nagpur published under Section 39 of the Nagpur Improvement Trust Act, 1936, notified that a Housing Scheme known as the Binakhi Housing Accommodation Scheme was framed by the Nagpur Improvement Trust. The agricultural lands held by the petitioners in both these petitions are included in the property comprised in this scheme along with other areas. Thereafter on February 17, 1964, the Nagpur Improvement Trust made an application to the State Government for according sanction to the scheme at an early date. In para, (x) of this letter the Chairman of the Nagpur Improvement Trust stated as follows: It is requested that the State Government may please move to sanction at an early date the Binakhi Housing Accommodation Scheme of the Nagpur Improvement Trust and simultaneously pass orders directing the Collector, Nagpur, to take action for the acquisition of the properties as per enclosed list under Section 7 of the Land Acquisition Act. Though the annexures to this letter are not included in the paper book, it is common ground that the lands belonging to the petitioners or in their possession were included in the Scheme.