WP.8640-10 - 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION No. 8640 OF 2010 Mr. Babu Namdeo Kotwal ...Petitioner Vs. The Commissioner, Pune & Ors. ...Respondents *** Mr. R. S. Apte, Sr. Counsel i/b G. M. Savagave, for the Petitioner. Mrs. P. S. Cardozo, AGP for Respondent Nos. 1 to 5. *** CORAM: V. M. KANADE J. DATE : FEBRUARY 7, 2011 P.C. 1. Heard the learned Senior Counsel appearing on behalf of the petitioner and the learned AGP appearing on behalf of respondent Nos. 1 to 5. The petitioner is challenging the order passed by the Divisional Commissioner who was pleased to reject the application filed by the petitioner under Section 48(1) of the Land Acquisition Act (hereinafter referred to as the “Act”) and has refused to withdraw the acquisition of the land of the petitioner. It is submitted by the learned Senior Counsel appearing on behalf of the petitioner that the observation made by the WP.8640-10 - 2 - Commissioner in paragraph 4 of the order that ‘possession of the land in question was taken after the award was passed’, which is patently perverse. It is submitted that on this ground alone, the said award is liable to be set aside. The learned Senior Counsel has invited my attention to the order passed by the Collector dated 11-3-2010. He submitted that the Collector has recommended that in view of the decision of the Government dated 30-6-1994 in which the Executive Engineer in his letter has stated that the said land does not fall under the benefited zone and therefore, not liable for acquisition and in view of this, the said acquisition of the land could have been withdrawn. He also submitted that in the said order, the Collector has observed that taking into consideration mutation entry No. 338, it appears that panchanama was not correct and that petitioner was still in possession. He also invited my attention to the order passed by the Commissioner dated 21-5-2005 whereby the Commissioner remanded the matter back to the Collector for further inquiry. It was, therefore, submitted that the said order is liable to be set aside. 2. It is an admitted position that acquisition proceedings were initiated in respect of land in question and an award was passed in 1979 and the said land was allotted to respondent No. 6 by the allotment letter WP.8640-10 - 3 - dated 4-7-1987 and name of Mr. Sadashiv Mahadeo Dabhade was entered in the 7-12 extract. The petitioner did not challenge the award which was passed by the Special Land Acquisition Officer. He, however, filed an application under Section 48(1) of the Act, on 9-10-2001, praying for deleting the land from acquisition on the ground that the petitioner was the tenant of the said land since the year 1952 and that no notice was issued to the petitioner in respect of acquisition of the said land. It was contended in the said application that respondent No. 6 had not taken possession of the said land. 3. In my view, submissions made by the learned Senior Counsel cannot be accepted. Once an award is passed by the Special Land Acquisition Officer, the land vests in the Government. The said award, since it was not challenged, has become final. In my view, therefore, it will not be possible for this Court to interfere with decision of the Government of not withdrawing the land from acquisition. Writ petition is, therefore, dismissed. 4. At this stage, the learned Senior Counsel seeks continuation of stay for further period of 8 weeks. The request is declined. It is an admitted position that in this case lands were acquired and under the Project Affected Persons Act, those persons whose lands were acquired WP.8640-10 - 4 - were sought to be rehabilitated by giving them land in the benefited zone. Though the award was passed in 1979 and name of respondent No. 6 has been entered in the mutation record, the said affected person could not enjoy benefit of the land since the petitioner has continued to occupy the land illegally. Hence, in my view, this is fit case for not granting stay of this order. [ V. M. KANADE J.]