Case Note & Summary
The petitioners, Devram Govind Gadge and Vitthal Govind Gadge, filed a writ petition challenging the acquisition proceedings initiated by the Special Land Acquisition Officer in respect of their land admeasuring 1 hectare and 62 Ares from Gat No.1344 in village Nimgaon Sava, Taluka Junnar, District Pune. The background of the case is that the petitioners' land admeasuring 1 hectare and 75 Ares from Gat No.710 was already acquired in the year 1982. At that time, the land stood in the name of the joint family of the petitioners. Subsequently, on 16.8.1986, there was a partition between the petitioners, and an application was made to the Tehsildar, Junnar for permission for partition of the land. The Tehsildar passed an order dated 6.8.1986 and divided the land amongst the petitioners by metes and bounds, granting permission under Section 85 of the Maharashtra Land Revenue Code. Thereafter, a notice under Section 4(1) of the Land Acquisition Act, 1894 was issued for acquiring the petitioners' land to the extent of 1 hectare and 62 Ares from Gat No.1344 (P). The petitioners filed their objections, pointing out that the land to the tune of 1 hectare and 75 Ares had already been acquired and thereafter partition was effected in 1986. Therefore, the land of the petitioners after partition was not liable to be acquired for the second time. The court considered the issue and held that once the land is acquired and possession is taken, it vests in the State and cannot be acquired again. The acquisition proceedings were quashed and set aside. The court allowed the petition.
Headnote
A) Land Acquisition - Double Acquisition - Section 4(1), Land Acquisition Act, 1894 - Land already acquired in 1982 cannot be acquired again - Petitioners' land was acquired in 1982 and thereafter partitioned in 1986 - Fresh acquisition proceedings initiated in 2003 for the same land - Held that once land is acquired and possession taken, it vests in the State and cannot be acquired again - Acquisition proceedings quashed (Paras 1-6).
Issue of Consideration
Whether the acquisition proceedings initiated under the Land Acquisition Act, 1894 for the second time in respect of the same land which had already been acquired earlier are valid and sustainable in law.
Final Decision
The petition is allowed. The acquisition proceedings initiated by the Special Land Acquisition Officer in respect of the land admeasuring 1 hectare and 62 Ares from Gat No.1344 are quashed and set aside.
Law Points
- Land Acquisition Act
- 1894
- Section 4(1)
- Section 6
- Section 11
- Section 12
- Section 16
- Section 48
- Maharashtra Land Revenue Code
- Section 85
- Double Acquisition
- Partition
- Estoppel
- Res Judicata
