Case Note & Summary
The Agricultural Produce Market Committee (APMC), Anjangaon Surji, filed a writ petition challenging the order of the Land Acquisition Officer, Minor Irrigation, Amravati, dated 30.9.2015, which dropped the acquisition proceedings for land bearing Survey No. 24/2, admeasuring 1.21 hectares, reserved in the Development Plan of Anjangaon Surji Municipal Council since 1.3.1993 for the APMC. The petitioner alleged collusion between the State officers and the land owners (respondent nos. 4 and 5) to defeat the public purpose. The land was originally acquired under the Land Acquisition Act, 1894, but the proceedings were dropped on the ground that the APMC had not deposited the compensation amount. The court found that the dropping was illegal because the procedure under Section 127 of the Maharashtra Regional and Town Planning Act, 1966, which requires notice, hearing, and approval of the State Government for modification of reservation, was not followed. The court noted that the land owners had earlier filed a writ petition for dropping the acquisition, which was dismissed, and thereafter the Land Acquisition Officer passed the impugned order in collusion. The court held that the acquisition must proceed and directed the respondents to complete the acquisition within six months. The petition was allowed, and the impugned order was quashed.
Headnote
A) Land Acquisition - Dropping of Proceedings - Collusion - Land reserved in Development Plan since 1.3.1993 for Agricultural Produce Market Committee - Land Acquisition Officer dropped proceedings without following Section 127 of MRTP Act, 1966 - Held that dropping was illegal and based on collusion between officers and land owners, and the acquisition must proceed (Paras 2-10).
B) Maharashtra Regional and Town Planning Act, 1966 - Section 127 - Procedure for Modification of Reservation - Land reserved in Development Plan cannot be released without following the procedure under Section 127, which requires notice, hearing, and approval of the State Government - Held that the Land Acquisition Officer had no authority to drop proceedings without such procedure (Paras 5-8).
Issue of Consideration
Whether the Land Acquisition Officer could drop acquisition proceedings for land reserved in the Development Plan without following the procedure under Section 127 of the Maharashtra Regional and Town Planning Act, 1966, and whether the dropping was vitiated by collusion.
Final Decision
The petition is allowed. The impugned order dated 30.9.2015 passed by the Land Acquisition Officer, Minor Irrigation, Amravati is quashed and set aside. The respondents are directed to complete the acquisition proceedings within six months from the date of the order.
Law Points
- Land acquisition proceedings cannot be dropped without following statutory procedure under Section 127 of MRTP Act
- 1966
- collusion between officers and land owners to defeat public purpose is impermissible
- Development Plan reservation must be respected.
Case Details
2016 LawText (BOM) (12) 108
Writ Petition No.6347 of 2015
B.R. Gavai, V. M. Deshpande
Mr.R.L.Khapre, Mr.K.P.Mahalley for Petitioner; Ms T.H.Udeshi for Respondent Nos. 1 to 3; Mr.P.C.Madkholkar, Mr.Ram Karode for Respondent No.4; Mr.C.S.Kaptan for Respondent Nos. 7 to 9; Mr.H.R.Gadhia for Intervener
Agricultural Produce Marketing Committee, Anjangaon Surji, through its Chairman Sanjay Annaji Rohankar
State of Maharashtra through its Secretary, Ministry of Cooperation, Marketing and Textile, Mumbai; Collector, Amravati; Land Acquisition Officer, Minor Irrigation, Amravati; Smt. Shakuntala Madangopal Naidu; Smt. Jaishree Madangopal Naidu; Kishor Shriram Balinge; Anil Mohanlalji Chandak; Makrand Sharadrao Pande; Manoj Pralhadrao Shukl
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Nature of Litigation
Writ petition challenging the order dropping land acquisition proceedings for land reserved in the Development Plan for the petitioner.
Remedy Sought
Petitioner sought quashing of the order dated 30.9.2015 passed by the Land Acquisition Officer dropping acquisition proceedings and a direction to complete the acquisition.
Filing Reason
The Land Acquisition Officer dropped the acquisition proceedings for land reserved for the petitioner in the Development Plan since 1993, allegedly in collusion with the land owners, without following the procedure under Section 127 of the MRTP Act.
Previous Decisions
The land owners had earlier filed a writ petition (Writ Petition No. 4012 of 2015) seeking dropping of the acquisition, which was dismissed by the High Court on 4.8.2015. Thereafter, the Land Acquisition Officer passed the impugned order on 30.9.2015.
Issues
Whether the Land Acquisition Officer could drop acquisition proceedings for land reserved in the Development Plan without following the procedure under Section 127 of the MRTP Act, 1966?
Whether the impugned order was vitiated by collusion between the State officers and the land owners?
Submissions/Arguments
Petitioner argued that the land was reserved in the Development Plan since 1.3.1993 and the acquisition could not be dropped without following Section 127 of the MRTP Act, and that the dropping was in collusion with the land owners.
Respondent Nos. 4 and 5 (land owners) argued that the acquisition was dropped because the petitioner failed to deposit the compensation amount.
Respondent Nos. 7 to 9 (subsequent purchasers) supported the petitioner's case.
Ratio Decidendi
Land reserved in a Development Plan cannot be released from acquisition without following the procedure under Section 127 of the Maharashtra Regional and Town Planning Act, 1966, which requires notice, hearing, and approval of the State Government. Any order dropping acquisition without such procedure is illegal and liable to be quashed, especially when it is based on collusion between officers and land owners to defeat public purpose.
Judgment Excerpts
The present case is a classic example as to how some Officers of the State Government in collusion with the land owners have attempted to drop the land acquisition proceedings in respect of a piece of land which was reserved in the Development Plan as early as on 1.3.1993.
In the present case, admittedly, the procedure under Section 127 of the MRTP Act has not been followed. In that view of the matter, the impugned order cannot be sustained.
We are of the considered view that the impugned order is nothing but a result of collusion between the Officers of the State Government and the land owners.
Procedural History
The land was reserved in the Development Plan of Anjangaon Surji Municipal Council on 1.3.1993 for the Agricultural Produce Market Committee. Acquisition proceedings were initiated under the Land Acquisition Act, 1894. The land owners filed Writ Petition No. 4012 of 2015 seeking dropping of the acquisition, which was dismissed on 4.8.2015. Thereafter, the Land Acquisition Officer passed the impugned order on 30.9.2015 dropping the proceedings. The petitioner filed the present writ petition challenging that order.
Acts & Sections
- Maharashtra Regional and Town Planning Act, 1966: Section 127
- Land Acquisition Act, 1894:
