KESHAV BABURAO RAUT Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this Petition filed under Article 226 of the Constitution of India, the petitioner seeks a declaration that the land acquisition proceedings in respect of the land bearing Gat No. 572 (old) corresponding New Gat No. 317 ad-measuring 1 Hector 43 R, situated at Village Rautwadi (Shikrapur), Taluka - Shirur, District - Pune has lapsed in view of the provisions of Section 24(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as "the Act of 2013" for short). The petitioner is also challenging allotment order dated 22/11/2017 passed by the respondent No.4 - The Additional Collector, Pune, in favour of respondent Nos.7 and 8.

(2.) Respondent No.6 issued a Notification under Section 4 of the Land Acquisition Act, 1894 (the old Act) on 17/8/1987. The declaration under Section 6 of the old Act was made on 16/2/1989. An Award under Section 11-A of the old Act was made on 6/5/1991.

(3.) Learned Counsel for the petitioner contends that the respondent No.3 awarded enhanced compensation of Rs.16,07,008/- on 27/6/2005. Out of that an amount of Rs.8,00,000/- was deposited in the Union Bank and rest of the amount paid to the brother of the petitioner. The petitioner has not received compensation. According to learned Counsel for the petitioner, the petitioner is still in physical possession of the said land and he is residing in the house property constructed on the said land. Learned Counsel for the petitioner contends that the possession was never taken by following the due process of law. Relying on Section 24(2) of the Act of 2013, learned Counsel for the petitioner submits that as the Award is passed more than 5 years prior to commencement of the Act of 2013 and possession is not taken by following due process of law nor compensation is paid to petitioner, the land acquisition proceedings therefore have lapsed. Learned Counsel for petitioner submits that the petitioner is entitled to retain possession in view of the lapsing of acquisition proceedings.