MARUTI VITHU PATIL Vs. R A ZUBALRY THE THEN COMMISSIONER PUNE DIVISION PUNE

JUDGEMENT

(1.) These two special civil applications can be disposed of by a common judgment as the facts and the points arising therein are identical. It will be enough to refer to the facts of Special Civil Application No. 3224 of 1975 in details.

(2.) The petitioner is the owner of the lands. These lands were sought to be acquired under the Land Acquisition Act for the benefit of the respondent No. 4 Shree Dudh Ganga Ved-Ganga Sahakari Sakhar Karkhana Ltd., hereinafter referred to as "the Karkhana. Inquiry under section 5-A was held in which the petitioner protested against the acquisition of the land on the ground that the land was his only source of livelihood and as such acquisition thereof would affect him adversely. Petitioner in Special Civil Application No. 3224 of 1975 holds in all 4 acres and 22 gunthas out of which 1 acres was sought to be acquired, while petitioner in Special Civil Application No. 3293 of 1975 holds in all 1 acres and 26 gunthas out of which 35 gunthas are sought to be acquired. In the inquiry under section 5-A of the Land Acquisition Act, finding seems to have been recorded against the petitioners. Ultimately section 6 notification was issued on 14-9-1967. In due course inquiry under section 9 was held and award was passed on 27-12-1974.

(3.) In the meanwhile inquiry under the Maharashtra Agricultural Lands (Ceiling on Holdings) Act, 1961, was commenced against the Karkhana itself and by an order dated 27-2-1971 the Karkhana was found to be a surplus holder to the extent of 12 acres and 27 gunthas. Even before this order was passed under section 20 of the Ceiling Act, the Karkhana seems to have made an application to the Government on 14-10-1966 for granting exemption to the land held by it as also the land sought to be acquired for it, under section 47(1)(k) of the Ceilings Act. The said application was granted on 27-6-1975 and the lands already in possession of the Karkhana and the land sought to be acquired were exempted from the operation of the Ceilings Act. It may be noted that in all 111 acres and 1 gunthas of land from this village Bidri were sought to be acquired by the Government for the benefit of this Karkhana in view of the contemplated expansion of its industrial activity.