VIJAY S/O KASHINATH SHINDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Heard. Perused Rule. Rule made returnable forthwith. Heard finally by mutual consent of the parties. Quashing of the land acquisition award bearing LAQ/SR/01/2001, dated 27-2-2012, passed by the Sub-Divisional Officer, Jalgaon Division, Jalgaon-the respondent No. 2 herein, under section 11 of the Land Acquisition Act in respect of landed property-Gat No. 19, situate at Kathora, Taluka and District Jalgaon, admeasuring 69 Ares is sought in the present petition.

(2.) The petitioners, who claim to be the farmers cultivating the said land, state that they had submitted objections to the acquisition of the said landed property before the respondent No. 2 in response to the issuance of a notification under section 4 of the Land Acquisition Act, dated 24-12-2009, by the respondent No. 1/State on 27-1-2010, and prayed for dropping of the acquisition vide objections dated 27-1-2010 (Exhibit B). The petitioners further state that a representation was made to the respondent No. 2 on 22-6-2010 to consider their objections and give hearing to them as contemplated under section 5-A of the said Act and yet the respondent No. 2, regardless of this representation, caused a notification under section 6 of the said Act to be issued on 25-6-2010. The petitioners submit that no opportunity of hearing as required under section 5-A of the Act was given to them.

(3.) On apprehending passing of award upon issuance of the notice under section 9(3)(iv) of the Act on 31-8-2010. The petitioners preferred this petition initially for quashing the declaration under section 6 of the Act, dated 25-6-2010. In September, 2012, the petitioners incorporated challenge to the award dated 27-2-2012 passed by the respondent No. 2 on the ground that they had not received the notices under section 12(2) of the Act and they had continued to cultivate the land for the reason of the actual physical possession remaining in their hands.