KRISHNA VITHU SHINE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) RULE , By consent Rule made returnable forthwith.

(2.) THE case put forward by the petitioner is that the land was acquired for the public purpose of resettlement of persons affected by the Yevati Dam Project, hereinafter referred to as "the said public purpose", in the year 1986. Till today, however, the same has not been allotted to any project affected persons and it is still shown in the name of District Resettlement Officer, Satara. Therefore, the petitioner is seeking restoration of the land as per the provisions of the Government Resolution dated 10th October, 1973. The said Resolution provides that in respect of lands which are acquired for the purpose of State Government, the concerned department should ensure that such acquired lands are put to use for the purpose for which they are acquired, within a reasonable period of three years from the date of taking over of possession thereof. In case the acquired land or any portion thereof is not likely to be utilised for the purpose for which it is acquired within the stipulated period of three years, the department concerned should examine the feasibility of utilising the land for some other public purpose within the same period of three years from the date of handing over the possession. In case the land is not used for any other public purpose also then the Collector of the District concerned should take steps for restoration of such lands to the original owner, perpetual lessee or the tenant having security of tenure under the various tenancy laws in force, on payment of market value which should not exceed double the amount of compensation which was paid while acquiring the land subject to the ceiling limit prescribed under the Maharashtra Agricultural Lands (Ceiling on Holding) Act, 1961. Since the land had not been put to any use, the petitioner made application for restoration of the land. Counsel further submits that many pieces of land had been acquired under the same notification. Number of persons similarly situated as the petitioner had moved this Court by various writ petitions where direction has been issued for the restoration of the land to the original owner. These decisions have been attached with the petition at Exhibits-D, E and f dated 13th January, 1992, 25th April, 1995 and 19th March, 1996 respectively.