MOHMADBHAI MIYABHAI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) WRIT Petitioner no. 1 claims to be the owner of lands located in survey no. 16, 17 and 91 of village Mukundwadi, taluka and District Aurangabad. The Government of Maharashtra issued notifications on 30th October, 1972, 3rd February, 1973 and 4th May, 1973 under section 40 (1) (b) of the Maharashtra Regional and Town Planning Act, 1966 (hereinafter referred to as the M. R. T. P. Act for short) and constituted and appointed City and Industrial Development Corporation of Maharashtra as a Special Planning Authority for the development of Aurangabad Notified Area specified in the Schedule which included the land of the petitioner. On 24.5.1973 the Special Planning Authority issued a Notification under section 126 and reserved, allotted and designated the area including the lands of the petitioner and prepared a Development Plan. On 16th October, 1975 the Planning Authority modified the Development Plan of 1973 and published a final notification under section 126 (2) of the M. R. T. P. Act and in the schedule thereof lands in survey no. 16 admeasuring 8h and 17r, Survey No.17 (PT) admeasuring 8h and 29 R and survey No.91 admeasuring 5h. and 26 R were sought to be acquired. It is pertinent to note at this stage that by Government Notification dated 30th August, 1971 issued under section 151 (1) of the M. R. T. P. Act, the powers exercisable by the State Government under sub-section (2) and (4) of Section 126 of the M. R. T. P. Act were delegated to the Commissioners of the divisions and, therefore, the final notification under section 126 (2) dated 16th October, 1975 came to be published by the Divisional Commissioner at Aurangabad. The corrigendum to the said notification was issued by the competent authority and the same has been published in the Government Gazette dated9.9. 1976 wherein it has been shown that the area sought to be acquired from survey no. 17 PT was reduced from 8h and 29 R to 8h and 3r.

(2.) THE petitioner no. 1 was issued notice under section 9 (3) and (4) of the Land Acquisition Act on 20.9.1976. It appears that thereafter, the petitioner no. 1 alienated part of the land under acquisition from S. No.17 in favour of the petitioners no. 2 and 3 i. e. by a sale deed dated8.12. 1980 in favour of the petitioner no. 3 and by another sale deed dated11.12. 1979 in favour of the petitioner no. 2 to the extent of 2 acres, 20 gunthas and 2 acres respectively. THE petitioner no. 1 along with other owners whose lands were sought to be acquired pursuant to the notification dated 24th May, 1973, had filed objections for the said proposal. By the notification dated 16.10.1973 the Special Land Acquisition officer, CIDCO was vested with the powers of Collector for the purpose of acquisition of land mentioned in the schedule thereto. It appears that subsequently, by exercising powers under section 52a (2) of the Land Acquisition Act, the Collector has delegated powers in favour of the Land Acquisition Officer, Sharda Colony, Aurangabad. THE said officer has thereafter passed award in respect of the lands under acquisition on 23rd September, 1986.

(3.) WRIT Petition No.1179 of 89 : the petitioner no. 1 is petitioner no. 3 in WRIT Petition No.905/86 and petitioner no. 5 is petitioner no. 2 in WRIT Petition No.905/86. The petitioner no. 3 has purchased the land in survey no. 17 from petitioner no. 1 in petition no. 905/86 on 19.5.83. The petitioner No.4 has also purchased land admeasuring 1 acre 10 gunthas and 2 acres from survey no. 17 owned by the petitioner no. 1 in WRIT Petition No.905/86 on 19.5.83 and 11.10.79 respectively. This Court had admitted the petition by order dated 8.5.1989 and directed to be heard along with writ petition no. 905 of 86. The prayer for interim relief was specifically rejected. The challeng in the petition is mainly to the award dated 23.9.1986 to the extent of 9 acres which was purchased by the petitioners from the original owner i. e. petitioner no. 1 in writ Petition No.905 of 86.