GANESH NARSING LOLGE Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petition is filed under Articles 226 and 300-A of Constitution of India for giving direction to respondents, particularly, Zilla Parishad, Aurangabad to initiate proceeding under provisions of Land Acquisition Act and pass award in respect of 82 R. portion of land Gat No. 210 situated at Ladsawangi, Tahsil and District Aurangabad. Both the sides are heard.

(2.) It is not disputed that the father of petitioners namely Narsing was the owner and possessor of entire portion of land Gat No. 210 (area 93 R.). In the year 1964-65 Zilla Parishad constructed building of Primary Health Center and also residential quarters for it's staff on 82 R. portion from aforesaid land. It is contention of the petitioners that no acquisition proceeding was started and Narsing had not given the land on his own to Zilla Parishad. It is contention of the petitioners that right from 1973 he made many representations to the respondents, Government and Zilla Parishad, but they did not give any response. It is contended that on the record Narsing is still shown as owner and that circumstance also shows that the land was not given by Narsing to Zilla Parishad and it was also not acquired for Zilla Parishad. By making aforesaid contentions, the relief of giving direction to respondents to start acquisition proceeding is claimed so that the petitioners get compensation.

(3.) Zilla Parishad filed reply affidavit. It is contended that in view of Government Resolution of State Government dated 26.10.2010, the petitioners are not entitled to get any compensation as the amount was taken for public purpose more than 20 years back. He has admitted that the land was taken in possession by Zilla Parishad without taking land acquisition proceeding under the Land Acquisition Act . It is contended that as there are constructions of Zilla Parishad, the name of Zilla Parishad is appearing in village record. Alternatively, it is contended that the land was donated by Narsing, father of petitioners and due to that Village Panchayat had submitted proposal to Zilla Parishad to make construction for Primary Health Center on this land.