Case Note & Summary
The petitioners, Baban Haribhau Yadav, Mansingh Haribhau Yadav, and Pratap Haribhau Yadav, owned and possessed agricultural land bearing plot No.425, admeasuring 6 acres and 14 gunthas, situated at Jejuri, Taluka Purandhar, District Pune. They challenged the acquisition proceedings initiated by the Special Land Acquisition Officer No.3, Pune, on behalf of the Maharashtra Industrial Development Corporation (MIDC), under the Maharashtra Industrial Development Corporation Act, 1961. Specifically, they challenged the notice dated 11th April, 1989 and the notification dated 4th September, 1993 issued by respondent No.3. The petitioners contended that their names were entered in the 7x12 extracts as owners and cultivators and that they were paying assessment dues. The court, after hearing the parties, found no merit in the challenge. The court noted that the petition suffered from delay and laches as the notice was issued in 1989 and the notification in 1993, but the petition was filed in 1999. The court dismissed the petition, upholding the validity of the acquisition proceedings.
Headnote
A) Land Acquisition - MIDC Act - Validity of Notice and Notification - Maharashtra Industrial Development Corporation Act, 1961 - Petitioners challenged notice dated 11th April, 1989 and notification dated 4th September, 1993 for acquisition of their agricultural land - Court held that the acquisition proceedings were valid and the petition was dismissed as there was no merit in the challenge and the petition suffered from delay and laches (Paras 1-3).
Issue of Consideration
Whether the notice dated 11th April, 1989 and notification dated 4th September, 1993 issued under the Maharashtra Industrial Development Corporation Act, 1961 are valid and whether the petition is maintainable in view of delay and laches.
Final Decision
The petition is dismissed. No order as to costs.
Law Points
- Land Acquisition
- MIDC Act
- Notice
- Notification
- Validity
- Delay
- Laches
Case Details
2005 LawText (BOM) (08) 269
Writ Petition No.5094 of 1999
R.M.S. Khandeparkar, V.M. Kanade
Mr. P.B. Shah for the petitioners
Baban Haribhau Yadav, Mansingh Haribhau Yadav, Pratap Haribhau Yadav
The State of Maharashtra, Special Land Acquisition Officer No.3, Pune, Local Officer (Pradeshik Adhikari), Maharashtra Industrial Development Corporation (MIDC), Pune-5
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Nature of Litigation
Writ petition under Articles 226 and 227 of the Constitution of India challenging land acquisition proceedings.
Remedy Sought
Petitioners sought to quash the notice dated 11th April, 1989 and notification dated 4th September, 1993 issued under the Maharashtra Industrial Development Corporation Act, 1961.
Filing Reason
Petitioners claimed that the acquisition of their agricultural land was illegal and without jurisdiction.
Issues
Whether the notice dated 11th April, 1989 and notification dated 4th September, 1993 are valid.
Whether the petition is maintainable in view of delay and laches.
Submissions/Arguments
Petitioners argued that they were owners and cultivators of the land and that the acquisition proceedings were illegal.
Respondents presumably argued that the acquisition was valid and the petition was barred by delay and laches.
Ratio Decidendi
The acquisition proceedings under the Maharashtra Industrial Development Corporation Act, 1961 were valid and the petition suffered from delay and laches.
Judgment Excerpts
The petitioners are challenging the acquisition proceedings under the provisions of the Maharashtra Industrial Development Corporation Act, 1961.
The brief facts are as under:- It is the case of the petitioners that they owned and possessed agricultural land bearing plot No.425, admeasuring 6 acres and 14 gunthas, situate at Jejuri, Taluka Purandhar, District Pune.
Procedural History
The petitioners filed Writ Petition No.5094 of 1999 before the High Court of Judicature at Bombay challenging the notice dated 11th April, 1989 and notification dated 4th September, 1993. The petition was heard and dismissed on 18th August, 2005.
Acts & Sections
- Maharashtra Industrial Development Corporation Act, 1961:
