DAMU BHIKA PATIL Vs. THE DEPUTY COLLECTOR ACQUISITION

JUDGEMENT

(1.) Heard learned counsel appearing for the parties. Rule made returnable forthwith and with the consent of learned counsel for the parties, the petition is taken for final disposal at this stage.

(2.) This Court had framed the following question for consideration, namely -

(3.) Learned counsel for the petitioner submitted that the respondent no.3 - bank did not raise any objection at the stage of issuance of Sections 6 and 9 of the Land Acquisition Act, 1894, and, therefore, now it is not open for the bank to raise any objection for withdrawal of money by the petitioner. He invited our attention to the provisions of Sections 6 and 9 of the Act. Secondly, he submitted that even u/s 30, application by interested person is to be made with reference to Section 9 of the Act. He submitted that no application was filed u/s 9. It is not now open for the bank to raise that objection u/s 30. He submitted that the Government had issued a circular No.1687/288/(3993)/A-2 dated 6.7.1987, which in terms, stated that only 1/5th of the amount can be paid to the bank. He submitted that, therefore, at the most 1/5th amount would be taken by the bank and remaining amount has to be paid to the person whose land is acquired.