NARAYAN GOVIND GAVATE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is a Petition under Article 226 of the Constitution for an appropriate writ, order or direction, the respondents being the State of Maharashtra, two Special Land Acquisition Officers and the Commissioner of the Bombay Division. By this Petition the petitioner challenges the validity of certain Notifications issued and directions passed under the Land Acquisition Act. The lands, in respect of which the notifications and directions have been issued, divide themselves into four groups.

(2.) THE first group consists of two pieces of land, being Gat No. 21, Hissa No. 3, admeasuring A. 1 -12 -12, and Gat No. 109, Hissa No. 2, admeasuring A. 0 -38 -8, all situated in the village Ilthan. The petitioner is the owner of the former and a tenant of the latter. A notification under Section 4 of the Land Acquisition Act, dated 11th October 1963, was published in the Gazette of that date. Certain lands are specified in the Schedule to that notification and include the lands in the first group. That notification states that it appeared to the Commissioner, Bombay Division, that the lands specified in that Schedule were needed for a public purpose, viz., for development and utilization of the said lands as an industrial and residential area. That notification further states: AND WHEREAS the Commissioner, Bombay Division, is of the opinion that the said lands are waste or arable lands and that their acquisition is urgently necessary; he is further pleased to direct under Sub -section (4) of Section 17 of the said Act, that the provisions of Section 5 -A of the said Act shall not apply in respect of the said lands. Thereafter in respect of the lands in the first group a notification under Section 6 was issued on the 19th of December 1963 and the petitioner was thereafter served with two notices under Section 9(3) and 9(4) of the Land Acquisition Act.

(3.) THE third group consists of lands bearing Gat No. 155 admeasuring A. 9 -4 -12 situated in the village Airavali. In respect of these lands a notification under Section 4 was issued on the 13th of June 1964 in terms materially similar as those in respect of the first group of lands. In respect of this land a notice dated 21st August 1964 was issued under Section 4(7) and thereafter a notification was issued under Section 6 on the 28th of September 1964. It was thereafter followed up by a notice dated 28th October 1964 under Sub -sections (3) and (4) of Section 9.