Dattraj Babanrao Dhumal And ANR v. The Div. Commissioner, Pune Div. Pune And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1269 of 2019 Dattraj Babanrao Dhumal & Anr .. Petitioners

Versus

The Div. Commissioner, Pune Division, Pune and ors .. Respondents ...

Ms.Kanchan Phatak I/b Mr.N.P. Deshpande for the petitioners. Mr. S.B. Kalel, AGP for respondent nos.1 to 17. CORAM: PRADEEP NANDRAJOG, C.J.

AND BHARATI DANGRE, J.

DATED : 7th JANUARY, 2020.

P.C:- Large tracts of land including petitioner's land comprising in Gat No. 448/2B and 360 in village Takli-Bhima, Taluka Shirur, District Pune were proposed to be acquired for rehabilitation of persons under the Maharashtra Project Affected Persons Rehabilitation Act, 1999.

A declaration under Section 4 of the Land Acquisition Act, 1894 was issued on 1st April 1998 and the matter was not taken forward thereafter. Meaning thereby, neither a Tilak

2/2 3 wp 1269-19.doc declaration under Section 6 of the Land Acquisition Act, 1894 was issued nor any award was published. Obviously, the acquisition has lapsed.

The grievance of the petitioner is to the order dated 1st April 1998 (Exhibit-B) directing that in the Revenue record, it be recorded that land be not transferred on account of the proposed acquisition. The said order continues to stand till date. The Writ Petition is disposed of declaring that the order dated 1st April 1998 (Exhibit-B) is non-operative because the acquisition has lapsed. Mandamus is issued to the respondents to pass an order withdrawing the order dated 1st April 1998.

In the revenue record, the entry prohibiting sale of the lands covered by the said order be cancelled. The mandamus shall be complied with within 12 weeks from today.

SMT. BHARATI DANGRE, J CHIEF JUSTICE Tilak