YESHO NATHU MAHAJAN Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this petition under Articles 226 and 227 of the Constitution, the petitioners challenge the validity of notifications issued under Section 4 and Section 6 of the Land Acquisition Act in July 1975 and October 1975 respectively and the proposed acquisition of 1 hectare and 72 acres of land out of Gat No. 613, situated at village Vaghode Budruk, taluka Raver, District Jalgaon, for a public purpose viz., provi- of house sites for landless workers and their families and for extension of gaothan.

(2.) On 26th July 1971, the Grampan-chayat of village Vaghode Budmk passed an unanimous resolution recommending acquisition of Survey Nos. 133 and 134 for the purpose of providing house sites to houseless persons. By another resolution dated 28th July 1972, also passed unanimously, the said Grampanchayat recommended acquisition (for the same purpose) of two additional lands Survey Nos. 129/2/5 and 129/1/2/2. However, the State Government on 25th July 1975 issued notification under Section 4 of the Land Acquisition Act, declaring that an altogether different property viz., part of petitioners' land Gat No. 613 was needed or was likely to be needed for the said purpose viz., provision of house sites for landless workers and their families and for extension of gaothan. This notification further declared that the provisions of Section 5A of the said Act shall not apply-This was followed on 7th October 1975 by Section 6 notification under which urgency clause was applied. Next came Section 9 notice. Hence this petition challenging the aforesaid notifications and the impugned acquisition thereunder.

(3.) In support of this petition, we have heard Mr. G. M. Bhokarikar, the learned Advocate for the petitioners. The State is represented by the learned Assistant Government Pleader, Mr. R. D. Rane.