SHRI MURLIDHAR RAGHU JAGTAP & ORS. Vs. SPECIAL LAND ACQUISITION OFFICER NO.22, PUNE & ORS.
HIGH COURT OF BOMBAY (FROM: STATE)
Shri Murlidhar Raghu Jagtap And Ors.
Special Land Acquisition Officer No.22, Pune And Ors.
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G.S.Kulkarni, J. -
(1.)The Petitioners have invoked the jurisdiction of this Court under Art. 226 of the Constitution of India contending that the land acquisition has lapsed in view of the provisions of Sec. 24(2) of the Right to Fair Compensation And Transparency In Land Acquisition, Rehabilitation And Resettlement Act, 2013 (for short "2013 Act"). The Petitioners have prayed for the following reliefs:
"a) That this Honourable Court be pleased issue appropriate order or direction calling for the record and proceedings pertaining to the impugned award dated 23.09.1986 and all the acquisition proceedings pertaining to the suit land and after examine the same be pleased to declare that the said proceedings and the award dated 23.09.1986 has been lapsed in respect of the suit land;
b) That this Honourable Court be pleased quash and set aside that the acquisition proceedings initiated vide award dated 28.09.1986 (annexed at Exh.A") and the award itself in respect of the suit land;
c) Pending hearing and final disposal of the abovesaid Petition the effects and consequences award dated 23.09.1986 kindly be stayed.
d) Pending hearing and final disposal of the above said Petition the respondents, their agents, their representatives, their servants or anybody claiming through them be restrained by an order of temporary injunction to from taking any steps in respect of the suit property.
e) Interim and ad interim relief in terms of prayer clause (b) and (c) above may kindly be granted;
f) Such other and further relief as this Honourable Court deems fit in the facts and circumstances of the case;"
In nutshell the facts are:
(2.)The Petitioners case is that they were the owners of piece and parcel of land being ?rd share in Survey No.4/12 and Survey No.4/8 situated at Thergaon, Taluka Mulshi, District Pune (for short 'the said land').
(3.)A notification dated 9 March 1970 under Sec. 4 of the Land Acquisition Act,1894 (for short 'the Land Acquisition Act') came to be issued by the Commissioner, Pune Division. On 12 Sept. 1972 a corrigendum was issued to the Sec. 4 Notification. On 12 Sept. 1972 a notification under Sec. 6 of the Land Acquisition Act came to be issued. By a further notification dated 13 Dec. 1984 certain lands came to be excluded from the acquisition. On 28 Sept. 1986 an award came to be passed under Sec. 11 of the Land Acquisition Act determining the compensation payable in respect of the said land.
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