MOHAMMAD ALI NAWABSAHEB WADWAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this Writ Petition under Article 226 of the Constitution of India, the petitioners are seeking a writ of mandamus directing the respondents to acquire the land of the petitioners more particularly described in paragraph 2 of the petition. The prayer is either for issuing the aforesaid direction or for the restoration of the vacant and peaceful possession of the land described in paragraph 2 of the petition (for short 'the said land') to the petitioners within the time fixed by this Court.

(2.) The case made out in the petition is that by the order dated 28th May 1986 (Exhibit G) passed by the District Collector in exercise of powers under 5 (1) of the Bombay Requisition Act,1948 (for short 'the Requisition Act'), the requisition of the said land was made for construction of a water reservoir at Solapur which is a part of twin Solapur Project No.1. According to the case of the petitioners, the said land could have continued under the requisition for a maximum period of 17 years as per the provisions of the section 9 of the Land Requisition Act. As the land was not restored on expiry of the period of 17 years which ended on 28th May 2003, the petitioners requested the respondents to restore the possession of the said land. The case made out in the petition is that as no order was passed on the application/representation made by the petitioners, earlier Writ Petition No.7487 of 2003 was filed in this Court. By order dated 15th April 2004, a Division Bench disposed of the said Writ Petition by directing the respondents to decide the representation within a period of three months from the date of order. On the basis of the said order, the Principal Secretary of the Housing Department called a meeting on 11th March 2005 when the Advocate for the petitioners was heard. The Secretary directed that an action of acquisition of the said land under section 41 of the MHADA Act be shall commence and shall be completed within a period of three months.

(3.) The petitioners are relying upon the notification dated 24th November 2005 issued by the State Government. The said notification records that by earlier notification dated 29th September 1981, the MHADA was appointed as the Special Planning Authority for the area of 293 Hectares known as SPA I. The said notification records that MHADA was appointed as the Special Planning Authority also for the housing scheme for Bidi workers for the area known as SPA II. It records that both the areas were outside the limits of the Solapur Municipal Corporation. Subsequently, the limits of Solapur Municipal Corporation were extended and both the areas were included in the Municipal Corporation limits. By the said notification, in exercise of powers conferred by section 160 of the Maharashtra Regional and Town Planning Act, 1966 the State Government declared that the MHADA ceased to be the Special Planning Authority for both the said areas and from 24th November 2005, the Solapur Municipal Corporation shall be the Planning Authority for both the areas.