SANT JOGINDER SINGH KISHINSINGH Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) IN this petition, the petitioners challenge acquisition proceedings initiated by notification issued under section 6 of the Land Acquisition Act, read with section 126 of the Maharashtra Regional and Town Planning Act, 1966. The facts leading to this petition are :---That, a draft development plan for Nanded town was published in Government Gazette, on 28-12-1972. The land from Survey Nos. 13 and 23 of Vazirabad, Nanded was reserved for recreation park in the plan. The notification under section 6 of the Land Acquisition Act read with section 126 of the Maharashtra Regional and Town Planning Act, 1966 was published on 29 January, 1977. By this notification, the land from Survey Nos. 13 and 23 is being acquired for the public purpose of recreation park.

(2.) IT seems that the petitioners approached the State Government in the matter and obtained stay for acquisition, but stay order came to be vacated on 19th November, 1981. Thereafter, this writ petition is filed under Art. 226 of the Constitution of India challenging the acquisition proceedings to acquire the land from Survey Nos. 13 and 23.

(3.) SHRI M. V. Deshpande, appearing for the petitioners contended that the acquisition proceedings are in contravention of the provisions of proviso to sub-section (2) of section 126 of the Maharashtra Regional and Town Planning Act, 1966.