Disposed

Gopal Prabhakar Bhagwat v. Special Land Acquisition Officer and Ors.

Bombay HC12 Dec 2014WP/6827/2012

Case brief

AI extract

What is this about?

Petitioner challenged inability to exercise ownership rights over land due to a proposal for acquisition and a pencil entry in revenue records. The Court found no Town Planning Scheme or Section 4 Notification. It held that title cannot be doubted merely due to pencil entries and disposal was deemed misconceived without a formal scheme.

What did the court decide?

Writ petition disposed of; petitioner granted liberty to approach again if right is challenged; no costs.

Gopal Prabhakar Bhagwat Vs Special Land Acquisition Officer… — Land Acquisition | Bombay HC (2014)

G.A.Ghule [P.A.]

1/2

wp 6827.12.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY. BENCH AT AURANGABAD.

¶5

CIVIL APPELLATE JURISDICTION.

¶6

Writ Petition No.6827 Of 2012.

¶7

Dr. Gopal Prabhakar Bhagwat :: Petitioners. V e r s u s The State of Maharashtra & Ors. :: Respondents.

¶8

Appearance =>

¶9

Mr. A.V.Borwankar, Advocate for the Petitioner.

¶10

Mr. G.R. Ingole, Asstt.Govt.Pleader for the State of Maharashtra.

¶11

Mr. A.N. Kakade, Advocate for Respondent No.3.

¶12

Mr. D.P. Bakshi, Advocate for Respondent No.4.

¶13

CORAM : B.P. Dharmadhikari & A.M. Badar, JJ. DATE : 12^th December, 2014.

¶14

Per Court :-

¶15

The petitioner approached this Court with grievance that since the year 1981, there is proposal to acquire his N.A. Plot having Survey No. 31A [Gat No.60] admeasuring 21 Are, situated at village Hol, Tal. Raver, Dist. Jalgaon for construction of tubewell and water tank however, those steps have not been taken and because of the pencil entry in the revenue record of said land thus, the petitioner is not in a position to exercise his ownership right over that property.

¶16

[2] During hearing, we find that, no such reservation is shown in the Town Planning Scheme and there is also no Notification, as yet issued U/Section 4 of the Land Acquisition Act.

¶17

2/2 wp 6827.12.sxw

¶18

[3] Mr. A.N. Kakade, learned counsel appearing for Resp.No.3 Municipal Council, Raver, Dist. Jalgaon has stated that the Municipal Council has in the year 2003 passed a Resolution to acquire that land and said proposal has been submitted to the State Government however, the Statement Government has not taken any further decision.

¶19

[4] Mr. D.P. Bakshi, learned counsel submits that, Resp.No.4 – Executive Engineer, M.J.P., Sub Divn., Bhusaval, as yet, has no concern with the matter. Mr. Ingole, learned Asstt.Govt.Pleader appears for Resp.Nos. 1,2,5 and 6.

¶20

[5] Only because of some pencil entiry in the revenue record, the title of the petitioner cannot be suspected and his right of enjoyment cannot be curtailed.

¶21

[6] In this situation, as no Town Planning Scheme is framed under the M.R.T.P. Act, 1966, there is no earmarking of petitioner's property, effort of the petitioner to obtain a declaration that he is free to enjoy his property, in accordance with law, appears to be misconceived.

¶22

[7] With liberty to the petitioner to approach again if anybody challenges his right to do so, we dispose of Writ Petition. No costs.

¶23

(A.M. BADAR, J.) (B.P. DHARMADHIKARI, J.)

Gopal Prabhakar Bhagwat v. Special Land Acquisition Officer and Ors.

Case brief

What is this about?

What did the court decide?

Gopal Prabhakar Bhagwat v. Special Land Acquisition Officer and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Vilas Rambhau Chaudhari Vs Hindustan Petroleum Corporation Ltd., Mumbai and Another

Ramakant Dattu Magar Vs the Union of India and Others

Maruti Bapurao Lokhande Vs Divisional Controller M.S.R.T.C. Osmanabad Divn. Osmanabad

Krushnabai Gajendra Telang and Another Vs the Union of India and Others

The Executive Engineer Krishna Khore Vikas Mahamandal M.I., Osmanabad Vs Bhonaji Bajirao Palve and Others

The Executive Engineer Krishna Khore Vikas Mahamandal M.I. Osmanabad Vs Ashok Bhimaji Mahadik and Others