JANARDHAN S/O HANUMANTRAO PATIL @ SALUNKE Vs. STATE OF MAHARASHTRA, THROUGH ITS SECRETARY, REVENUE & FOREST DEPARTMENT, MANTRALAYA, MUMBAI
LAWS(BOM)-2018-3-245
HIGH COURT OF BOMBAY
Decided on March 21,2018

Janardhan S/O Hanumantrao Patil @ Salunke Appellant
VERSUS
State Of Maharashtra, Through Its Secretary, Revenue And Forest Department, Mantralaya, Mumbai Respondents

JUDGEMENT

S.M. Gavhane, J. - (1.) Rule. Rule made returnable forthwith. With the consent of the parties the matter is taken up for final hearing.
(2.) By this petition under Article 226 of the Constitution of India the petitioners have prayed to quash and set aside orders dated 10.11.2015 (Exh.K Collectively) passed by respondent No.2 the Additional Collector (Land Acquisition) Manjra Project, Osmanabad disposing of their Land Acquisition References under Section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as the 'Land Acquisition Act') to enhance the compensation, as per the provision under Section 18 (3) of the Land Acquisition Act and further sought directions to respondent No.2 to refer their applications (Land Acquisition References) to the competent Civil Court at Osmanabad for determination/decision.
(3.) Case of the petitioners is that the lands Block Nos. 152 adm. 0Hector 20R, 139 adm.0Hector 60R, 146/1 adm. 1Hector 41R, 146 adm. 1Hector 60R, 146/2 adm. 0 Hector 80R, 276 adm. 1Hector 14R, 281 adm. 0Hector 22R, 141 & 284 adm. 0Hector 5R and 0Hector 22R and 293 adm. 4Hector 7R, all situated at village Murta (Manmodi), Tq. Tuljapur, Dist. Osmanabad are respectively owned by petitioner Nos. 1 to 9 (hereinafter the said lands are referred to as the 'said lands'). The said lands have been acquired for construction of storage tank of village Murta as per the proposal submitted by respondent No.4 the Executive Engineer to respondent No.3 the Special Land Acquisition Officer. Respondent No.3 published notification under Section 4 of the Land Acquisition Act in the Government Gazette on 22.01.1998. Thereafter, by notification dated 22.02.1999 the respondents after satisfying that the said lands are required for public purpose, made declaration to that effect under Section 6 of the Land Acquisition Act. Thereafter, respondent No.3 after completing the joint measurement has issued notice under Section 9 of the Land Acquisition Act to the land holders. Though the notice under Section 9 was not served on the petitioners, still they submitted their oral and written objections thereby claiming the compensation at the rate of Rs.1,25,000/ per acre. Thereafter, the Land Acquisition Officer without considering their claims and market value of the said lands/acquired lands has passed the award in absence of the petitioners on 19.06.2006 in file No.1997/LNQ/KK/KAVI/CR13 and thereby awarded inadequate compensation. After receipt of notice under Section 12(2) of the Land Acquisition Act on 26.08.2006 the claimants/petitioners have withdrawn the compensation under protest and within limitation filed applications before respondent No.2 the Additional Collector (Land Acquisition) on 03.10.2006 for reference under Section 18 of the Land Acquisition Act. According to the petitioners, because of the financial constraints alongwith their reference applications they had filed separate applications seeking time to pay required court fees.;


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