Case Note & Summary
The petitioners, Shri Balshiram Khandu Pawale and Shri Baban Khandu Pawale, residents of Village Kalus, Taluka Khed, District Pune, filed a Writ Petition under Articles 226 and 227 of the Constitution of India challenging the acquisition proceedings initiated by the Special Land Acquisition Officer No.22, Pune. The acquisition was for the rehabilitation of project affected persons under the Maharashtra Project Affected Persons Rehabilitation Act, 1986. The petitioners challenged the Notification under Section 4 dated 24/09/1997, the declaration under Sections 6 and 17 dated 02/06/1998, and the award dated 31/03/2000 passed pursuant to the declaration. They also challenged the order dated 14/08/2002 passed by the Divisional Commissioner, Revenue Division, Pune on their representation. The court considered the brief facts and the submissions made by the petitioners' counsel, Mr. U.B. Nighat. The respondents were not represented. The court, after hearing the petitioners, found no merit in the challenge and dismissed the petition. The court held that the acquisition proceedings were valid and the notification under Section 11 of the Maharashtra Project Affected Persons Rehabilitation Act, 1986 was properly issued. The petition was dismissed with no order as to costs.
Headnote
A) Land Acquisition - Rehabilitation of Project Affected Persons - Validity of Notification under Section 11 of Maharashtra Project Affected Persons Rehabilitation Act, 1986 - Petitioners challenged acquisition of their land for rehabilitation of project affected persons - Court held that the notification and declaration were valid and the petition was dismissed - Held that the acquisition was for a public purpose and the procedure was followed (Paras 1-3).
Issue of Consideration
Whether the acquisition proceedings initiated under the Land Acquisition Act, 1894 and the Maharashtra Project Affected Persons Rehabilitation Act, 1986 are valid and whether the petitioners are entitled to any relief.
Final Decision
The petition is dismissed. No order as to costs.
Law Points
- Land Acquisition
- Rehabilitation of Project Affected Persons
- Validity of Notification under Section 11 of Maharashtra Project Affected Persons Rehabilitation Act
- 1986
- Challenge to Acquisition Proceedings
- Articles 226 and 227 of Constitution of India
Case Details
2005 LawText (BOM) (08) 209
WRIT PETITION NO. 5605 OF 2002
R.M.S. Khandeparkar, V.M. Kanade
Mr. U.B. Nighat for the petitioners
Shri Balshiram Khandu Pawale and Shri Baban Khandu Pawale
Special Land Acquisition Officer No.22, District Resettlement Officer, Divisional Commissioner, State of Maharashtra
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Nature of Litigation
Challenge to land acquisition proceedings for rehabilitation of project affected persons.
Remedy Sought
Petitioners sought to quash the Notification under Section 4 dated 24/09/1997, declaration under Sections 6 and 17 dated 02/06/1998, award dated 31/03/2000, and order dated 14/08/2002 of the Divisional Commissioner.
Filing Reason
Petitioners alleged that the acquisition proceedings were invalid and not in accordance with law.
Previous Decisions
The Divisional Commissioner rejected the petitioners' representation by order dated 14/08/2002.
Issues
Whether the acquisition proceedings under the Land Acquisition Act, 1894 and the Maharashtra Project Affected Persons Rehabilitation Act, 1986 are valid.
Submissions/Arguments
Petitioners argued that the acquisition proceedings were invalid and not in accordance with law.
Ratio Decidendi
The court held that the acquisition proceedings were valid and the notification under Section 11 of the Maharashtra Project Affected Persons Rehabilitation Act, 1986 was properly issued. The petition was dismissed as without merit.
Judgment Excerpts
By this Petition, petitioners are challenging the acquisition proceedings initiated by the Special Land Acquisition Officer by issuing Notification under section 4 dated 24/09/1997 and declaration dated 02/06/1998 issued under sections 6 and 17 of the Land Acquisition Act, 1894 and the award dated 31/03/2000 which was passed pursuant to the said declaration dated 02/06/1998.
Petitioners are also challenging the order passed by the respondent No.3 - Divisional Commissioner, Revenue Division, Pune dated 14/08/2002 on the representation made by the petitioners in respect of the land which was acquired by the Special Land Acquisition Officer.
Procedural History
The Special Land Acquisition Officer issued Notification under Section 4 dated 24/09/1997 and declaration under Sections 6 and 17 dated 02/06/1998. Award was passed on 31/03/2000. Petitioners made a representation to the Divisional Commissioner which was rejected on 14/08/2002. Petitioners then filed the present Writ Petition on an unspecified date.
Acts & Sections
- Land Acquisition Act, 1894: Section 4, Section 6, Section 17
- Maharashtra Project Affected Persons Rehabilitation Act, 1986: Section 11
- Constitution of India: Article 226, Article 227
