MARLAPALLE, J. - (1.) THIS petition, filed under Article 226 of the Constitution brings in question the notice dated 12th September, 1989, issued by the Collector, Ahmednagar for the recovery of an amount of Rs.4,47,896/ from the Petitioner and raised the following questions of law for our considerations: (a) Whether the Divisional Commissioner has the powers to review an order passed under Section 28A of the Land Acquisition Act, 1894 (For short, the Act) passed by the Special Land Acquisition Officer. (b) Whether the Special Land Acquisition Officer himself has the powers to review his own order passed under section 28A of the Act for correcting any error apparent, and (c) Whether the petitioner was an interested person in respect of the land admeasuring 32 Ares, acquired from Survey No.28 of Village Bhingar , Taluka Ahmednagar on the date when the land was acquired?
(2.) ADMITTEDLY , the total land in Survey No.28 of village Bhingar originally admeasured 1 Hectare 78 Ares. Notification under section 4 of the Act was published in the Government Gazette on 7th December, 1978 for acquisition of the different lands from the said village and it covered 32 Ares land from Survey No.28. The declaration under section 6 of the Act was published in the Government Gazette on 12th February, 1981 and finally award came to be passed by the Special Land Acquisition Officer on 14th February, 1983 fixing the compensation amount at Rs.13,248/ . In Survey No.28 owners of the said acquired land, at the time when the award was passed, were Sakharam Mahadeo Misal (25% share), Kashinath Mahadeo Misal (25% share) and Balkrishna Sakharam Misal (50% share). The possession of the land was taken over before the award was passed and on the strength of the possession receipt, mutation entry bearing No.2990 came to be effected in the village record on 21st September, 1979 in favour of the State Government through the Executive Manager, Public Works Department. On acquisition of this 32 Ares land from Survey No.28 and on effecting the mutation entry in favour of the State Government, the Survey number came to be demarcated into two parts viz. Survey No.28/1 and Survey No.28/2. The ownership of the land in survey No.28/2 admeasuring 38 Ares came to be shown in the name of Executive Engineer, Public Works Department, Ahmednagar . Whereas, the balance land admeasuring 1 Hectare 46 Ares fell in Survey No.28/1 and in the ownership of Sakharam Mahadeo Misal , Kashinath Mahadeo Misal and Balkrishna Sakharam Misal . On 20th July, 1981 land admeasuring 73 Ares from Survey No.28/1 was sold by the owners to Shri . Dhanji Dnyanoba Jadhav and Mahendra Manilal Shah and thus the land in Survey No.28/1 came to be further demarcated in two different portions viz.28/1B in the name of Dhanaji D. Jadhav and Mahendra Manilal Shah and the second part being 28/1A in the name of Balkrishna Sakharam Misal and Vitthal Sakharam Misal . It is pertinent to note, at this stage, that Special Civil Suit No.27 of 1968 came to be decided by way of compromise on 25th November, 1981 by the Civil Judge, Senior Division, Ahmednagar and half of the share in Survey No.28/1 went to Balkrishna S. Misal and Vitthal Sakharam Misal , and it is under these circumstances that the ownership of the land admeasuring 73 Ares in Survey No.28/1A came in the name of Balkrishna Misal and Vitthal S. Misal . On 5th January, 1984 the owners of the land, admeasuring 73 Ares in Survey No.28/1A, signed an agreement for sale in favour of the present petitioner for a consideration of Rs.90 ,000 / . Notwithstanding the agreement of sale, the land's owners i.e. Balkrishna S. Misal and Vitthal S. Misal on 9th March, 1984 sold 10 Ares land from Survey No.28/1A to Shri . Surjitsingh , Manjitsingh and Charanjitsingh and, therefore, the land further came to be sub divided in Survey No.28/1A/1 and Survey No.28/1A/2. The land in Survey No.28/1A/1, admeasures 10 Ares and land in Survey No.28/1A/2 admeasure 63 Ares and this later part remained in the ownership of Balkrishna Misal and Vitthal Misal . On 9th March, 1984, 20 Ares land from Survey No.28/1A/2 came to be sold to the present Petitioner and the balance land of 43 Ares was also sold to her by the same owners on 13th December, 1984. Sale deeds of all these transactions made in favour of Dhanji Dnyanoba Jadhav and Mahendra Manilal Shah, Surjitsingh and others and the present Petitioner have been brought on record. These documents undoubtedly suggest that the Petitioner's ownership for 63 Ares land from Survey No.28/1A/2 came to be established for the first time only between sale deeds dated 9th March, 1984 and 13th December, 1984. There is no sale deed which shows any connection/interest of the Petitioner in respect of the land in Survey No.28/2 which was acquired by the State Government or in that matter land admeasuring 73 Ares in Survey No.28/1B sold to Dhanji D. Jadhav as well as Mahendra M. Shah.
(3.) THOUGH the Award in respect of the acquired 32 Ares land from Survey No.28 (on acquisition recorded as Survey No.28/2) was passed on 14th February, 1983, one of the land owners viz. Balkrishna S. Misal approached for receiving the compensation of his share (50%) to the Land Acquisition Officer on 28th May, 1986 and the Special Land Acquisition Officer passed an order on 5th June, 1986 for releasing 50% of the compensation amount i.e. Rs.6 ,624 / in favour of Balkrishna Misal . He was finally paid the said amount by the Tahsildar Ahmednagar on 16th June, 1986 and the remaining 50% amount remained with the treasury.;