Bombay High Court
Smt. Saraswatibai Wd/O. Bipatlal ... vs The State Of Maha. Dept. Of Revenue ... on 19 September, 2016
Bench: V.A. Naik
WP 5544/15 1 Judgment
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
WRIT PETITION No. 5544/2015
1. Smt.Saraswatibai wd/o Bipatlal Chakravarti,
Aged about 70 years, Occupation : Household.
2. Shankarlal s/o Bipatlal Chakravarti,
Aged about 50 years, Occupation: Agriculture.
3. Ramsahay s/o Bipatlal Chakravarti,
Aged about 54 years, Occupation: Agriculture.
4. Sanjay s/o Bipatlal Chakravarti,
aged about 39 years, Occupation: Agriculture.
5. Smt.Gangabai w/o Pritamlal Chakravarti,
aged about 45 years, Occupation: Household.
6.
Smt.Rekhabai w/o Badriprasad Chakravarti,
aged about 41 years, Occupation: Household.
All R/o Angur Bagicha, Near Kalash Welding,
Durga Mandir, Gondia. PETITIONERS
.....VERSUS.....
1. The State of Maharashtra,
Department of Revenue and Forest,
Through its Secretary
Mantralaya, Mumbai - 400 032.
2. The Divisional Commissioner,
Nagpur Division, Civil Lines, Nagpur.
3. The Collector, Gondia,
Collectorate, Gondia, Tahsil
and District Gondia.
4. The Chief Officer,
Municipal Council, Gondia.
5. The Deputy Collector and the
Land Acquisition Officer,
Bagh Itiadoh Project No.3, Gondia,
Tahsil and District Gondia. RESPONDENTS
Shri S.P. Bhandarkar, counsel for the petitioners.
Shri S.M. Ukey, Additional Government Pleader for the respondent nos.1 to 3, 5 & 6.
None for the respondent no.4.
CORAM :SMT.VASANTI A NAIK AND
KUM. INDIRA JAIN, JJ.
DATE : 19 TH
SEPTEMBER, 2016.
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ORAL JUDGMENT (PER : SMT.VASANTI A. NAIK, J.)
RULE. Rule made returnable forthwith. The petition is heard
finally at the stage of admission with the consent of the learned counsel
for the parties.
2. By this writ petition, the petitioners have sought a
declaration that the acquisition of the land of the petitioners would not be
necessary for the purpose of dumping ground as the project in question
has been scraped. The petitioners have sought a direction against the
respondent no.2-The Divisional Commissioner to decide the application
filed by the petitioners under Section 48 of the Land Acquisition Act,
1894.
3. The petitioners had purchased the land admeasuring 1.42
Hectares in village Temni, Tahsil and District Gondia, in the year 1999.
The Municipal Council had decided to acquire the land of the
petitioners for the project of Dumping of Garbage, Waste, etc. In
pursuance of the request of the Municipal Council, the State Government
issued a notification under Section 4 of the Land Acquisition Act, 1894
and an award was passed on 25.10.2011. According to the petitioners,
though the award was passed on 25.10.2011, the compensation towards
the acquisition of the land was not deposited. It is stated that the
Municipal Council does not require the land for a Dumping Ground. It is
WP 5544/15 3 Judgment
stated that the petitioner had filed an application under Section 48 of the
Act of 1894 for withdrawing from the acquisition as the land is not
required for the project and the compensation is also not paid. Since the
application made by the petitioners under Section 48 of the Act was not
decided, the petitioners, filed the instant petition seeking the aforesaid
relief.
4. The respondent no.2 has filed an affidavit-in-reply. It is
stated that though an award was passed in the matter of acquisition of
the land, the Municipal Council does not require the land for the project
and also does not possess the funds for acquiring the land. It is stated
that the application filed by the petitioners under Section 48 of the Act of
1894 was decided by the Divisional Commissioner, Nagpur by an order
dated 08.08.2016 and the Government has decided to withdraw from the
acquisition to the extent of 1.42 Hectares. It is stated that the grievance
of the petitioners would stand redressed in view of the subsequent
development.
5. Shri Bhandarkar, the learned counsel for the petitioners, does
not dispute that the grievance of the petitioners stands redressed in view
of the order of the Divisional Commissioner, Nagpur, dated 08.08.2016,
under Section 48 of the Act of 1894.
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6. Since the grievance of the petitioners stands redressed,
we dispose of the writ petition with no order as to costs. Rule
accordingly.
JUDGE JUDGE
APTE
WP 5544/15 5 Judgment
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