NARENDRA JANARDAN MHATRE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) "What is the legal efficacy of an award passed under the Land Acquisition Act, 1894, which is not signed by the author who meanwhile expires without signing the same is the substantial question of law arising in this appeal."

(2.) Facts in brief are that appellant/plaintiff had filed suit for declaration to this effect that defendant no.2 (Special Land Acquisition Officer, Metro Central No.2, Thane) did not pass any award at all and the land in dispute did not vest in the Government. It was also contended that the State Government is not entitled to dispossess the plaintiff from the suit land. Hence, relief of injunction of perpetual nature was sought for in the suit along with relief of declaration. Following two reliefs were sought:

(3.) The State and the Special Land Acquisition Officer did not file any written statement and were also absent even on the date of hearing. They were marked exparte in the suit. It is only defendant no.3CIDCO filed its saycumwritten statement on the basis of which the learned trial Court framed issues.