Bombay High Court
Smt.Umabai Madhaorao Mude & 4 ... vs State Of ... on 27 June, 2017
Bench: Ravi K. Deshpande
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY :
NAGPUR BENCH : NAGPUR.
Writ Petition No.4102 of 2000
1] Smt. Umabai Madhaorao Mude
2] Digamber Jairam Shende,
3] Abhijeet Dadaji Mude,
(Minor through Madhavrao Nanaji Mude)
4] Narayan Dadaji Mude,
5] Sou. Sunita Narayan Mude.
All Agriculturist, Resident of Mouza Soujana,
Taluq Babulgaon, District Yavatmal. .... Petitioners.
-Versus-
1] The State of Maharashtra
through Collector, Yavatmal.
2] Land Acquisition Officer/
Sub Divisional Officer, Yavatmal. .... Respondents.
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None for petitioners.
Shri S.M. Ukey, Additional Government Pleader for respondents.
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Coram : R. K. Deshpande &
Mrs. Swapna Joshi, JJ.
Dated : 27 June, 2017
th
ORAL JUDGMENT (Per R. K. Deshpande, J.)
The challenge in this petition is to the Notification dated
29-06-2000 issued under Section 4(1) of the Land Acquisition Act,
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1894 [for short, "the said Act"] proposing to acquire the lands owned
by the petitioners being survey nos. 77, 78, 83/1 and 83/2 of mouza
Soujana, taluka Babulgaon, District Yavatmal for the purpose of
bye pass road from Soujana to Boregaon Dhande. Within a period
of 30 days i.e on 21-07-2000 an objection was raised by the
petitioners in respect of the acquisition of their lands by the
respondents. Without deciding this objection and without granting
hearing to the petitioners as contemplated by Section 5(A) of the said
Act, the notices were issued under Section 9(1) and (2) of the said
Act on 29-08-2000 and hence this petition was filed.
2] On 30-04-2001 this Court passed an order as under :-
"Learned A.G.P., states that there are no
instructions in the matter.
2. Rule.
3. Interim relief in terms of prayer clause (iii).
Interim relief will be effective if no award is passed
in the matter as on today."
3] As a result of the aforesaid order which operates till this date
the further proceedings for acquisition are stayed. Till this date there
is no reply filed by the respondents in this matter. We have,
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therefore, no alternative but to accept the statement made on oath
that the objection dated 21-07-2000 was filed within a period of 30
days from the date of publication of Notification under Section 4(1)
of the said Act and the petitioners have neither been heard in
compliance of Section 5(A) of the said Act which is mandatory in
nature nor there is any decision on the objection raised by the
petitioners.
4] This Court had passed order on 20-06-2017 which is
reproduced below :-
"Shri Thakre, the learned counsel
appearing for the petitioners, submits that he has
already issued a letter to the petitioners for
providing him instructions as to whether the
petition survives or it has become infructuous.
Put up this matter on 27-06-2017 by way of
last chance. No further adjournment shall be
granted."
5] No one appears for the petitioners. The proceedings for
acquisition stand vitiated for non-compliance of Section 5(A) of the
said Act. Hence, the entire proceedings for acquisition including the
Notification under Section 4(1) of the said Act dated 29-06-2000 are
required to be quashed and set aside.
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6] In the result, the Writ Petition is allowed. The Notification
dated 29-06-2000 under Section 4(1) of the said Act is hereby
quashed and set aside. Needless to say that if the land is already
acquired by issuing any other notification, this judgment shall not
come in the way of the respondents and the respondents shall also be
at liberty to issue fresh Notification for acquisition of the land in
accordance with law. No order as to costs.
JUDGE JUDGE
Deshmukh
