LAXMANRAO DAUJI CHUNARKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) BY this petition acquisition of 2 H 2 R land of field Survey No. 46/2 admeasuring 18 acres of village Ghatanji, for the purposes of resettlement of persons affected by upper Painganga Project under the provisions of the Land Acquisition Act, 1894 (The Central Act) has been challenged.

(2.) THREE points are urged by Shri Samudra, the learned Counsel for the petitioner:

(3.) POINT No. 1. Admitted position is that the State Act has not been made applicable to the Upper Painganga Project. Under the circumstances, the point stands concluded against the petitioner in view of Full Bench decision of this Court in (Ganpat Balwant Pawar v. Special Land Acquisition Officer No. 7) 1984 Mh. L. J. 752 : 1984 (2) Bom. C. R. 166 by which it is held that there cannot be acquisition under the State Act unless the Act is applied to a specific project.