wp14.11 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.14 OF 2011 Sarjerao Rangrao Ingale, Age-67 years, Occu:Agriculture, R/o-Chikalthana, Post-Kasarkheda, Tq. & Dist-Latur. ...PETITIONER. VERSUS 1) The State of Maharashtra, Godavari Marathwada Irrigation Development Corporation, Aurangabad, Sinchan Bhavan, Jalna Road, Aurangabad, 2) The State of Maharashtra, Office of the Marathwada Revenue Divisional Commissioner, Aurangabad, Delhi Gate, Near Subhedari Rest House, Aurangabad, 3) Managing Director, P.C. Zapke, (Address not known, transferred), 4) Managing Director, D.R. Kande, Godavari Marathwada Irrigation Development Corporation, Aurangabad, Sinchan Bhavan, Jalna Road, Aurangabad, wp14.11 2 5) Chief Engineer, B.N. Kandarphale Irrigation Department, Aurangabad, Jalsinchan Bhavan, Jalna Road, Aurangabad, 6) Superintendent Engineer, B.S. Swami, Irrigation Project, Beed, Parli Vaijnath Circle, Jalsinchan Bhavan, Parli Vaijnath- Ambejogai Road, Parli, Dist-Beed. 7) Executive Engineer, Anil Nade, Latur Minor Irrigation Department, Latur, (Address is not known, transferred), 8) Commissioner, Bhaskar Munde Office of the Marathwada Divisional Commissionerate, Aurangabad, Delhi Gate, Near Subhedari Rest House, Aurangabad, 9) Collector, Eknath Dawale, Collector Office, Latur, Barshi Road, Near Shivaji Chowk, Latur, 10) Special Land Acquisition Officer, Sou. A.L. Giri, Swarna Project, Latur. ...RESPONDENTS. wp14.11 3 ... Shri. Sarjerao Rangrao Ingle, Party-in-person for Petitioner. Shri. N.B. Khandare, Government Pleader for Respondents. ... CORAM: NARESH H. PATIL AND S.V. GANGAPURWALA, JJ. DATE : 24TH FEBRUARY, 2011. ORAL JUDGMENT [PER S.V. GANGAPURWALA, J.] : 1. Rule. Rule made returnable forthwith. By consent, the matter is taken up for final hearing at the stage of admission itself. 2. The present Petition is filed by the Party-in-Person challenging the acquisition proceedings initiated by the Respondent State for the purpose of Khulgapur Dam. 3. The Party-in-Person contended that his wp14.11 4 land cannot be included in the acquisition proceedings for the purposes of said Dam. According to him, in the notice it was nowhere mentioned that his land bearing Gut No.218 is included in the acquisition proceedings. According to him, he had raised an objection under Section 5-A of the Land Acquisition Act, 1894. The said objection was not decided and still the acquisition proceedings were continued, in respect of his land. The Party-in-Person had also raised other various objections, to which we are not concerned at this stage. 4. The learned Government Pleader Shri. Khandare, on instructions and on perusal of record, fairly concedes that no order has been passed on the objections raised under Section 5-A of the Land Acquisition Act, 1894, by the Petitioner. 5. When an objection under Section-5A of the wp14.11 5 Land Acquisition Act, 1894 is raised, it is mandatory for the State to decide the said objection. In absence of the same, the entire acquisition proceedings stand vitiated. 6. In the light of the fact that objection under Section 5-A of the Land Acquisition Act, 1894, raised by the Petitioner was not decided by the Respondent State, the further steps of acquisition proceedings to the extent of Petitioner stand vitiated. In that light of the matter, we quash and set aside all the further steps in acquisition proceedings from declaration under Section 6 of the Land Acquisition Act, 1894, to the extent of the Petitioner and direct the State Authorities to decide the objection under Section 5-A of the Land Acquisition Act, 1894, raised by the Petitioner, after giving an opportunity of hearing to the Petitioner. wp14.11 6 7. Rule is partly made absolute, with above said directions, however with no order as to the costs. [S.V. GANGAPURWALA, J.] [NARESH H. PATIL, J.] asb/JAN11/wp14.11