DHULGONDA DADA PATIL Vs. SPL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) In these writ petitions as also in number of other writ petitions filed in this Court, the vires of the Maharashtra Resettlement of Project Displaced Persons (Amendment and Validation) Act, 1985 (Maharashtra Act No. 13 of 1985) (hereinafter for brevity's sake called the Amendment and Validation) Act, 1985), has been challenged. Some of these writ petitions also involve other points which may have to be given separate consideration. In view of its importance we have first heard the learned Counsel on both sides regarding validity of the said Amendment and Validation Act, 1985. We are grateful to the learned Counsel for both sides who have made arguments fairly and have given assistance to us in deciding the question in controversy.

(2.) The statement to the Maharashtra Ordinance No. 6 of 1985 which was later on replaced and re-enacted as Maharashtra Act 13 of 1985, contains background and circumstances under which the said Amendment and Validation Act, 1985 came to be enacted. The Maharashtra Resettlement of Project Displaced Persons Act, 1976 (Maharashtra Act 41 of 1976) (hereinafter called the principal Act) had been enacted to provide for resettlement of certain persons displaced from the lands which were acquired for the project of public utility and for matters connected therewith. The scheme of the principal Act was briefly as follows:

(3.) Section 10 of the principal Act contemplated resettlement of displaced persons on lands in the benefited zone or in other villages or areas (being villages and areas specified by the State Government by an order in writing for that purpose) in accordance with the provisions of the Act and the Rules made thereunder. Incidentally, as yet, no rules under the principal Act have been enacted. Under sub-sec.(1) of S.11 of the principal Act, the State Government may declare in the Official Gazette that the provisions of the Act shall apply in relation to the Project specified in the notification, and thereupon the provisions of the Act shall apply to such project. The notification is required to specify the villages or areas which are likely to be in the affected or the benefited zone. The Full Bench of this Court in the case of Ganpat Balwant Pawar v. Special Land Acquisition Officer, Thane No. 7, Krishna Dhom Project, Wai, District Satara reported in 1984 0 MhLJ 752 construed some of the provisions of the Maharashtra Resettlement of Project Displaced Persons Act, 1976 as the said statute stood at the relevant time. The Full Bench further held that the procedure prescribed under the said Resettlement Act became applicable only when a declaration is made under S.11(1) of the Act and the provisions of the said Act shall be applicable to the project. Such a declaration followed only after the formation of the opinion of the State Government that it was necessary or expedient in the public interest to make such a declaration. The Full Bench had overruled the contrary view expressed by Masodkar and Ginwalla, JJ. in the case of Pandurang Akaji Dawale v. State of Maharashtra in Special Civil Application No. 915 of 1977 decided on 17th/18th Oct., 1977. We will proceed hereafter to refer to some other parts of the Full Bench decision in Ganpat Balwant Pawar and others case (supra) wherein the views expressed by the other Division Bench decision in the case of Gulab Shankar Walve v. Special Land Acquisition Officer, Thane reported in 1981 Mah LJ 881 , were approved. S.13 of the principal Act required the Resettlement Officer to make assessment of the extent of land from which persons who had been displaced and the extent of land which might be available for grant to displaced persons and also to collect certain other information. S.14 of the principal Act provided for provisional declaration of affected zone and benefited zone. The final declaration of the affected zone and benefited zone was required to be made by the State Government in accordance with S.15 of the said Act. S.16 of the said Act dealt with the powers to acquire lands for the purposes of the said Act. S.17 prescribed the extent of land to be granted to the displaced persons according to the provisions contained in the Schedule to the said Act. Ss.19 to 21 dealt with the preparation and publication of the scheme of settlement.