Disposed

Shivaji Ganpatrao Shitole v. State of Maharashtra and Ors.

Bombay HC3 Feb 2014WP/3171/2010

Case brief

AI extract

What is this about?

The High Court held that since no Award was made under Section 11 of the Land Acquisition Act, 1894 within the time prescribed by Section 11-A, the entire acquisition proceedings had lapsed. Consequently, the Court disposed of the writ petition challenging the notification without further dealing with the substantive challenges.

What did the court decide?

Disposal of the writ petition without examining the substantive challenge.

Shivaji Ganpatrao Shitole Vs State of Maharashtra and Ors. — Land Acquisition | Bombay HC (2014)

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WP-3171-10

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO. 3171 OF 2010

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Shivaji Ganpatrao Shitole .. Petitioner vs. State of Maharashtra & Ors. .. Respondents

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Mr. S. M. Gorwadkar for Petitioner. Mr. V. S. Gokhale – AGP for Respondent Nos. 1 to 4.

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CORAM : A. S. OKA & M. S. SONAK, JJ. 3RD FEBRUARY 2014

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P.C. :-

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1] Heard the learned counsel appearing for the Petitioner and

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the learned AGP appearing for the Respondents.

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2] The challenge in this Petition under Article 226 of the Constitution of India is to the Notification issued on 20.06.2009 under Section 4(1) of the Land Acquisition Act, 1894 (for short “the said Act”).

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3] Mr. Sanjaysinh Ramrao Chavan, Sub Divisional Officer, Maval Sub-Division, Pune, has filed an affidavit in reply. He has stated that in the original Notification under Section 4(1) of the said Act, the correct area of the acquired land was not mentioned. Therefore, a

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subsequent Notification under Section 4(1) was issued on 21.01.2010. In the said affidavit, he has stated that Notification under Section 6 of the said Act was issued on 22.02.2010 and was published in Government Gazette on 04.03.2010. The notices under Section 9 were issued on 20.03.2010.

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4] Going by the assertions in the affidavit in reply dated 24.06.2010, the last publication of Notification under Section 6 of the said Act must be prior to 20.03.2010 when notices under Section 9 were issued.

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5] Today, the learned AGP has tendered across the bar a communication dated 03.02.2014 addressed to the Government Pleader by the Sub Divisional Officer, Maval, Pune, in which it is stated that till today the Award under Section 11 of the said Act has not been made. The Sub Divisional Officer has referred to his affidavit dated 24.06.2010, which is referred to above.

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6] We find that in this Petition though there was no ad-interim relief granted by this Court, an Award under Section 11 has not been made within the time provided under Section 11-A of the said Act.

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7] In view of sub-section (1) of Section 11-A of the said Act, the entire proceedings for acquisition has lapsed. As the entire proceedings for acquisition has lapsed, it is not necessary to deal with the challenge to the acquisition proceedings. We, accordingly, dispose of the Petition.

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Chandka

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Shivaji Ganpatrao Shitole v. State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

Shivaji Ganpatrao Shitole v. State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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