Case Note & Summary
The petitioners, Sharad Jijaba Kakade and Sandip Jijaba Kakade, were members of a joint Hindu family that owned ancestral land recorded in the name of their paternal uncle, Bajirao Balaji Kakade. A partition suit (Regular Suit No. 141/86) was filed in 1986 and decreed in 1994. Prior to the decree, requests were made for mutation of revenue records, and a notice was sent on 23 May 1997 to correct the record showing the petitioners' holding as less than eight acres. In 1989, a notification under Section 11 of the Maharashtra Resettlement of Project Displaced Persons Act, 1976 was issued for acquisition of the land. However, the notification lapsed without further action. Subsequently, the Additional Commissioner passed an order under Section 48 of the Land Acquisition Act, 1894, withdrawing from the acquisition. The petitioners challenged this order by way of a writ petition. The legal issue was whether the Additional Commissioner had the power to withdraw from acquisition after the notification had lapsed and whether the petitioners had any vested right to compel acquisition. The court held that the government was not obliged to acquire the land after the notification lapsed, and the withdrawal under Section 48 was valid. The petition was dismissed.
Headnote
A) Land Acquisition - Withdrawal from Acquisition - Section 48 of the Land Acquisition Act, 1894 - The Additional Commissioner has the power to withdraw from acquisition under Section 48 of the Land Acquisition Act, 1894, even after a notification under Section 11 of the Maharashtra Resettlement of Project Displaced Persons Act, 1976 has lapsed. The government is not bound to acquire land once the notification lapses, and no party acquires a vested right to compel acquisition. (Paras 1-3)
B) Land Acquisition - Lapse of Notification - No Vested Right - The petitioners' claim that they had a right to be heard before withdrawal was rejected because the notification under Section 11 of the Maharashtra Resettlement of Project Displaced Persons Act, 1976 had already lapsed, and the government's decision to withdraw was within its discretion under Section 48 of the Land Acquisition Act, 1894. (Paras 2-3)
Issue of Consideration
Whether the Additional Commissioner had the power to withdraw from acquisition under Section 48 of the Land Acquisition Act, 1894, after the notification under Section 11 of the Maharashtra Resettlement of Project Displaced Persons Act, 1976 had lapsed, and whether the petitioners had any vested right to compel acquisition.
Final Decision
The petition was dismissed. The court held that the Additional Commissioner had the power to withdraw from acquisition under Section 48 of the Land Acquisition Act, 1894, and the petitioners had no vested right to compel acquisition after the notification lapsed.
Law Points
- Section 48 of the Land Acquisition Act
- 1894
- Withdrawal from acquisition
- Government's discretion
- No vested right to acquisition after notification
- Lapse of notification
Case Details
2005 LawText (BOM) (01) 134
Writ Petition No. 2468 of 2001
V.G. Palshikar, Smt. Nishita Mhatre
Shri R.S. Apte for the petitioner, Shri S.K. Chanchalikar AGP for State
Sharad Jijaba Kakade and Sandip Jijaba Kakade
Land Acquisition Officer, Pune and The State of Maharashtra
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Nature of Litigation
Writ petition challenging the order of the Additional Commissioner withdrawing from acquisition under Section 48 of the Land Acquisition Act, 1894.
Remedy Sought
The petitioners sought to quash the order of withdrawal from acquisition and to compel the respondents to acquire the land.
Filing Reason
The petitioners challenged the order passed by the Additional Commissioner withdrawing from acquisition under Section 48 of the Land Acquisition Act, 1894, after a notification under Section 11 of the Maharashtra Resettlement of Project Displaced Persons Act, 1976 had lapsed.
Previous Decisions
A notification under Section 11 of the Maharashtra Resettlement of Project Displaced Persons Act, 1976 was issued in 1989 but lapsed. The Additional Commissioner then passed an order under Section 48 of the Land Acquisition Act, 1894 withdrawing from acquisition.
Issues
Whether the Additional Commissioner had the power to withdraw from acquisition under Section 48 of the Land Acquisition Act, 1894 after the notification under Section 11 of the Maharashtra Resettlement of Project Displaced Persons Act, 1976 had lapsed.
Whether the petitioners had any vested right to compel acquisition after the lapse of the notification.
Submissions/Arguments
The petitioners argued that the Additional Commissioner had no power to withdraw from acquisition after the notification had lapsed and that they had a right to be heard before withdrawal.
The respondents contended that the government was not bound to acquire the land after the notification lapsed and that the withdrawal under Section 48 was valid.
Ratio Decidendi
The government is not obliged to acquire land after a notification under Section 11 of the Maharashtra Resettlement of Project Displaced Persons Act, 1976 lapses. The power to withdraw from acquisition under Section 48 of the Land Acquisition Act, 1894 is discretionary and can be exercised even after the lapse of such notification. No party acquires a vested right to compel acquisition merely because a notification was issued.
Judgment Excerpts
By this petition, the petitioner has challenged the order passed by the Additional Commissioner deliberately in exercise of his powers under section 48 of the Land Acquisition Act 1894.
A notification under section 11 of the Maharashtra Resettlement of Project Displaced Persons Act 1976 was issued in the year 1989 i.e. prior thereto...
Procedural History
The petitioners filed a writ petition in the High Court of Judicature at Bombay challenging the order of the Additional Commissioner withdrawing from acquisition under Section 48 of the Land Acquisition Act, 1894. The petition was heard and dismissed on 12th January 2005.
Acts & Sections
- Land Acquisition Act, 1894: Section 48
- Maharashtra Resettlement of Project Displaced Persons Act, 1976: Section 11
