Case Note & Summary
The petitioners, members of a joint family, challenged the acquisition of their land for the Urmodi Rehabilitation Project. A preliminary decree for partition in 1993 declared each member had a 1/7th share. On 10.1.1998, a notification under Section 4(1) of the Land Acquisition Act, 1894 was issued, and the inquiry under Section 5A was dispensed with due to urgency. The petitioners objected that their separate share was less than 8 acres, the minimum slab for the area as of 5.2.1994. The court, by order dated 13.7.1998, granted an ad-interim injunction restraining acquisition. The respondents did not file a reply. The court noted that the respondents did not consider the petitioners' objection and continued the injunction until the petition was disposed of.
Headnote
A) Land Acquisition - Urgency Clause - Dispensation of Inquiry under Section 5A - The court considered whether the respondents could dispense with the inquiry under Section 5A of the Land Acquisition Act, 1894, when the petitioners raised an objection that their separate share was less than the minimum holding slab of 8 acres. The court held that the respondents did not take into consideration the petitioners' objection and granted ad-interim injunction restraining acquisition. (Paras 1-3)
Issue of Consideration
Whether the acquisition of land belonging to the petitioners is valid when their separate share is less than the prescribed minimum holding slab of 8 acres, and whether the respondents failed to consider the petitioners' objection before proceeding with acquisition under urgency clause.
Final Decision
The court continued the ad-interim injunction granted on 13.7.1998 restraining the respondents from acquiring the land belonging to the petitioners for the Urmodi Project until the petition is disposed of. The respondents were directed to file their reply within four weeks. The petition was to be heard after the reply is filed.
Law Points
- Land Acquisition Act
- 1894
- Section 4(1)
- Section 5A
- urgency clause
- minimum holding slab
- right to objection
- ad-interim injunction
Case Details
2005 LawText (BOM) (02) 368
WRIT PETITION NO.2096 OF 1998
Mr. Dilip Bodake for Petitioner, Mrs.S.S.Bhende for Respondent
Baburao Daji Godse through his Power of Attorney Holder Shri Balwant Baburao Godse
State of Maharashtra, The Sub Divisional Officer, Phaltan Sub Division Phaltan And Special Land Acquisition Officer, Phaltan, Dist:Satara, The District Rehabilitation Officer, Satara Zilla, Satara, The Collector, Satara Dist, Satara
Subscribe to unlock Case Details (Citation, Judge, Date & more)
Subscribe Now
Nature of Litigation
Writ petition challenging acquisition of land under the Land Acquisition Act, 1894 for Urmodi Rehabilitation Project.
Remedy Sought
Petitioners sought to challenge the acquisition of their land and obtained an ad-interim injunction restraining acquisition.
Filing Reason
Petitioners claimed their separate share was less than 8 acres, the minimum holding slab, and that their objection was not considered.
Previous Decisions
A preliminary decree for partition in Regular Civil Suit No. 251 of 1983 dated 30.08.1993 declared each member of the joint family had 1/7th share. Notification under Section 4(1) issued on 10.1.1998. Inquiry under Section 5A dispensed with due to urgency. Ad-interim injunction granted on 13.7.1998.
Issues
Whether the acquisition of land is valid when the petitioners' separate share is less than the minimum holding slab of 8 acres.
Whether the respondents failed to consider the petitioners' objection before proceeding with acquisition under urgency clause.
Submissions/Arguments
Petitioner's counsel contended that Respondent No.1 did not take into consideration the petitioners' objection that their separate share was less than 8 acres, the minimum slab for the area as of 5.2.1994.
Ratio Decidendi
The court held that the respondents did not take into consideration the petitioners' objection regarding the minimum holding slab before proceeding with acquisition, and thus granted interim protection.
Judgment Excerpts
The petitioners seek to challenge acquisition of land belonging to them.
On the cut of date of 5.2.1994 the slab for that area was 8 acres.
By Order dated 13.7.1998, this Court has granted ad-interim injunction restraining the respondents from acquiring land belonging to the petitioners for the Urmodi Project.
Procedural History
Notification under Section 4(1) of the Land Acquisition Act, 1894 issued on 10.1.1998. Petitioners raised objection. Ad-interim injunction granted on 13.7.1998. Respondents did not file reply. Petition heard on 9.2.2005.
Acts & Sections
- Land Acquisition Act, 1894: Section 4(1), Section 5A
