1 lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1143 OF 2002 Shri. Shripati Hari Barkale ] Adult, Occupation­Agriculture ] Alabad, Tal Kagal, District Kolhapur ]... Petitioner. Versus 1 State of Maharashtra ] [summons to be served on the learned] Additional Government Pleader ] appearing for State of Maharashtra ] under order XXVII, ] Rule 4, of the Code of Civil Procedure ] Code 1908] ] ] 2 Special Land Acquisition Officer No.12] Old Rajawada, Kolhapur ] [summons to be served on the learned] Additional Government Pleader ] appearing for State of Maharashtra ] under order XXVII, ] Rule 4, of the Code of Civil Procedure ] Code 1908] ] ] 3 Divisional Commissioner, ] Pune Division, Pune ] [summons to be served on the learned] Additional Government Pleader ] appearing for State of Maharashtra ] under order XXVII, ] Rule 4, of the Code of Civil Procedure ] Code 1908 ]...Respondents. 2 WITH WRIT PETITION NO. 2319 OF 2010 1 Shri Babaso Hyachand Manoli ] Adult Occ :­ Agriculturist ] Residing at Alabad, ] Tal Kagal, District Kolhapur ] ] 2 Shri Abdulmajid Hyachand Manoli ] Adult Occ :­ Agriculturist ] Residing at Alabad, ] Tal Kagal, District Kolhapur ] ] 3 Shri Najirahmad Hyachand Manoli ] Adult Occ :­ Agriculturist ] Residing at Alabad, ] Tal Kagal, District Kolhapur ]... Petitioners. Versus 1 State of Maharashtra ] [summons to be served on the ] Learned Government Pleader ] appearing for State of Maharashtra ] under order XXVII, ] Rule 4, of the Code of Civil Procedure ] Code 1908] ] ] 2 The District Collector, ] District Kolhapur ] [summons to be served on the ] learned Government Pleader ] appearing for State of Maharashtra ] under order XXVII, ] Rule 4, of the Code of Civil Procedure ] Code 1908] ] ] 3 Special Land Acquisition Officer ] Non12, Old Rajwada, Kolhapur ] District : Kolhapur. ]...Respondents. 3 WITH WRIT PETITION NO. 1139 OF 2002 Shri. Dattu Hari Barkale ] Adult, Occupation­Agriculture ] Alabad, Tal Kagal, District Kolhapur ]... Petitioner. Versus 1 State of Maharashtra ] [summons to be served on the learned] Additional Government Pleader ] appearing for State of Maharashtra ] under order XXVII, ] Rule 4, of the Code of Civil Procedure ] Code 1908] ] ] 2 Special Land Acquisition Officer No.12] Old Rajawada, Kolhapur ] [summons to be served on the learned] Additional Government Pleader ] appearing for State of Maharashtra ] under order XXVII, ] Rule 4, of the Code of Civil Procedure ] Code 1908] ] ] 3 Divisional Commissioner, ] Pune Division, Pune ] [summons to be served on the learned] Additional Government Pleader ] appearing for State of Maharashtra ] under order XXVII, ] Rule 4, of the Code of Civil Procedure ] Code 1908 ]...Respondents. 4 WITH WRIT PETITION NO. 1141 OF 2002 Shri. Adinath Ratnappa Utture ] Adult, Occupation­Agriculture ] Alabad, Tal Kagal, District Kolhapur ]... Petitioner. Versus 1 State of Maharashtra ] [summons to be served on the learned] Additional Government Pleader ] appearing for State of Maharashtra ] under order XXVII, ] Rule 4, of the Code of Civil Procedure ] Code 1908] ] ] 2 Special Land Acquisition Officer No.12] Old Rajawada, Kolhapur ] [summons to be served on the learned] Additional Government Pleader ] appearing for State of Maharashtra ] under order XXVII, ] Rule 4, of the Code of Civil Procedure ] Code 1908] ] ] 3 Divisional Commissioner, ] Pune Division, Pune ] [summons to be served on the learned] Additional Government Pleader ] appearing for State of Maharashtra ] under order XXVII, ] Rule 4, of the Code of Civil Procedure ] Code 1908] ]...Respondents. 5 WITH WRIT PETITION NO. 1142 OF 2002 Smt Shamunisa Najirkhan Inamdar ] Residing at Alabad, Tal Kagal ] District Kolhapur ] Through the Power of Attorney Holder ] Shri Ayubkhan Najirkhan Inamdar ] age about 35 years, Occ : Agriculture, ] Residing at Alabad, ] Tal : Kagal, District Kolhapur ]... Petitioner. Versus 1 Special Land Acquisition Officer No.12] Old Rajawada, Kolhapur ] [summons to be served on the learned] Additional Government Pleader ] appearing for State of Maharashtra ] under order XXVII, ] Rule 4, of the Code of Civil Procedure ] Code 1908] ] ] 2 State of Maharashtra, ] [summons to be served on the learned] Additional Government Pleader ] appearing for State of Maharashtra ] under order XXVII, ] Rule 4, of the Code of Civil Procedure ] Code 1908] ]...Respondents. WITH WRIT PETITION NO. 1144 OF 2002 Shri. Chandrakant Adinath Utture ] Adult, Occupation­Agriculture ] Alabad, Tal Kagal, District Kolhapur ]... Petitioner. Versus 6 1 State of Maharashtra ] [summons to be served on the learned] Additional Government Pleader ] appearing for State of Maharashtra ] under order XXVII, ] Rule 4, of the Code of Civil Procedure ] Code 1908] ] ] 2 Special Land Acquisition Officer No.12] Old Rajawada, Kolhapur ] [summons to be served on the learned] Additional Government Pleader ] appearing for State of Maharashtra ] under order XXVII, ] Rule 4, of the Code of Civil Procedure ] Code 1908] ] ] 3 Divisional Commissioner, ] Pune Division, Pune ] [summons to be served on the learned] Additional Government Pleader ] appearing for State of Maharashtra ] under order XXVII, ] Rule 4, of the Code of Civil Procedure ] Code 1908] ]...Respondents. WITH WRIT PETITION NO. 2663 OF 2009 1 Shri Sheetal Appasaheb Utture ] Age 32 years, Occ : Agriculturist ] Residing at : Alabad ] Tal : Kagal, District : Kolhapur ] ] 2 Shri Balkrishan Maruti Barkale ] Age 42 years, Occ : Agriculturist ] Residing at : Alabad ] Tal : Kagal, District : Kolhapur ] 7 3 Shri Mohammad Pasha Abdul Desai ] Age 56 years, Occ : Agriculturist ] Residing at : Alabad ] Tal : Kagal, District : Kolhapur ] ] 4 Shri Ashok Bapu Chaugule ] Age 55 years, Occ : Agriculturist ] Residing at : Alabad ] Tal : Kagal, District : Kolhapur ] ] 5 Shri Ashok Bandu Khandekar ] Age 50 years, Occ : Agriculturist ] Residing at : Alabad ] Tal : Kagal, District : Kolhapur ] ] 6 Shri Gundu Arjun Kamathe ] since deceased through his legal heir ] Shri Nana Gundu Kamathe ] Age 60 years, Occ : Agriculturist ] Residing at : Alabad ] Tal : Kagal, District : Kolhapur ] ] 7 Shri Mahadeo Gundu Kharade ] Age 67 years, Occ : Agriculturist ] Residing at : Alabad ] Tal : Kagal, District : Kolhapur ] Through the Power of Attorney Holder] Shri Dhanji Mahadeo Kharade ] Age 35 years, Occ : Agriculturist ] Residing at : Alabad ] Tal : Kagal, District : Kolhapur ] ] 8 Shri Dadu Kondiba Khandekar ] Adult, Occ : Agriculturist ] Residing at : Alabad ] Tal : Kagal, District : Kolhapur ] Through the Power of Attorney Holder] Shri Ramchandra Dagadu Chougule ] Adult, Occ : Agriculturist ] Residing at : Alabad ] Tal : Kagal, District : Kolhapur ] 8 9 Mrs.Hausabai Vishnu Barvekar ] Adult, Occ : Agriculturist ] Residing at : Alabad ] Tal : Kagal, District : Kolhapur ] Through the Power of Attorney Holder] Shri Sandeep Dhondiram Sarawade ] Age 22 years, Occ : Agriculturist ] Residing at : Alabad ] Tal : Kagal, District : Kolhapur ] ] (All through Power of Attorney Holders viz ] Shri Balaso @ Balkrishan Maruti Barkale ] Viz. Petitoner No.2 and Shri Dhanaji ] Mahadeo Karade viz. Petitioner No.7 above ]... Petitioners. Versus 1 State of Maharashtra ] [summons to be served on the ] Learned Government Pleader ] appearing for State of Maharashtra ] under order XXVII, ] Rule 4, of the Code of Civil Procedure ] Code 1908] ] ] 2 The District Collector, ] District Kolhapur ] [summons to be served on the ] Learned Government Pleader ] appearing for State of Maharashtra ] under order XXVII, ] Rule 4, of the Code of Civil Procedure ] Code 1908] ] ] 3 Special Land Acquisition Officer No.12] Old Rajwada, Kolhapur Dist.Kolhapur ] [summons to be served on the ] Learned Government Pleader ] appearing for State of Maharashtra ] 9 under order XXVII, ] Rule 4, of the Code of Civil Procedure ] Code 1908] ]...Respondents. WITH WRIT PETITION NO. 2720 OF 2010 1 Shri Annaso Santaram Chougale ] since deceased ] Shri Prakash Annaso Chougle ] Age 39 years, Occ : Agriculturist ] Residing at : Alabad ] Tal : Kagal, District : Kolhapur ] ] 2 Shri Tukaram Santaram Chougale ] since deceased ] Shri Sanjay Tukaram Chougale ] Age 42 years, Occ : Agriculturist ] Residing at : Alabad ] Tal : Kagal, District : Kolhapur ] 3 Shri Vasant Santaram Chougle ] Age 65 years, Occ : Agriculturist ] Residing at : Alabad ] Tal : Kagal, District : Kolhapur ] ] 4 Shri Dnyandev Santaram Chougale ] since deceased ] Shri Vinayak Dnynadev Chougale ] Age 25 years, Occ : Agriculturist ] Residing at : Alabad ] Tal : Kagal, District : Kolhapur ]... Petitioners. Versus 1 State of Maharashtra ] [summons to be served on the ] Learned Government Pleader ] appearing for State of Maharashtra ] 10 under order XXVII, ] Rule 4, of the Code of Civil Procedure ] Code 1908] ] ] 2 The District Collector, ] District Kolhapur ] [summons to be served on the ] Learned Government Pleader ] appearing for State of Maharashtra ] under order XXVII, ] Rule 4, of the Code of Civil Procedure ] Code 1908] ] ] 3 Special Land Acquisition Officer No.12] Old Rajwada, Kolhapur Dist.Kolhapur ] [summons to be served on the ] Learned Government Pleader ] appearing for State of Maharashtra ] under order XXVII, ] Rule 4, of the Code of Civil Procedure ] Code 1908] ]...Respondents. WITH WRIT PETITION NO. 2725 OF 2010 1 Shri Kiran Vitthal Chougle ] Age 32 years, Occ : Agriculturist ] Residing at : Alabad ] Tal : Kagal, District : Kolhapur ] ] 2 Shri Baburao Vitthal Chougle ] Age 55 years, Occ : Agriculturist ] Residing at : Alabad ] Tal : Kagal, District : Kolhapur ] 3 Shri Bajirao Vitthal Chougale ] since deceased ] Smt.Janabai Bajirao Chougale ] Age 45 years, Occ : Agriculturist ] Residing at : Alabad ] Tal : Kagal, District : Kolhapur ] 11 ] 4 Shri Mahadev Vitthal Chougale ] Age 42 years, Occ : Agriculturist ] Residing at : Alabad ] Tal : Kagal, District : Kolhapur ] ] 5 Shri Hindurao Vitthal Chougale ] Age 35 years, Occ : Agriculturist ] Residing at : Alabad ] Tal : Kagal, District : Kolhapur ] ]... Petitioners Versus 1 State of Maharashtra ] [summons to be served on the ] Learned Government Pleader ] appearing for State of Maharashtra ] under order XXVII, ] Rule 4, of the Code of Civil Procedure ] Code 1908] ] ] 2 The District Collector, ] District Kolhapur ] [summons to be served on the ] Learnedl Government Pleader ] appearing for State of Maharashtra ] under order XXVII, ] Rule 4, of the Code of Civil Procedure ] Code 1908] ] ] 3 Special Land Acquisition Officer No.12] Old Rajwada, Kolhapur Dist.Kolhapur ] [summons to be served on the ] Learned Government Pleader ] appearing for State of Maharashtra ] under order XXVII, ] Rule 4, of the Code of Civil Procedure ] Code 1908] ]...Respondents. 12 WITH WRIT PETITION NO. 2894 OF 2001 1 Shri Madhukar Shankar Mutnale ] adult, ] Occ : Agriculturist ] Residing at : Senapati Kapshi ] Tal : Kagal ] District Kolhapur ] ] 2 Shri Narayan Ramchandra Ghorpade ] adult, ] Occ : Agriculturist ] Residing at : Senapati Kapshi ] Tal : Kagal ] District Kolhapur ] ] 3 Shri Appasaheb Baburao Rachoti ] adult, ] Occ : Agriculturist ] Residing at : Senapati Kapshi ] Tal : Kagal ] District Kolhapur ] ] 4 Shri Anant Ishwara Shinge ] adult, ] Occ : Agriculturist ] Residing at : Senapati Kapshi ] Tal : Kagal ] District Kolhapur ] ] 5 Shri Santosh Surendar Saundatte ] adult, ] Occ : Agriculturist ] Residing at : Senapati Kapshi ] Tal : Kagal ] District Kolhapur ] ] 13 6 Shri Chandrakant Laxman Saundatte ] adult, ] Occ : Agriculturist ] Residing at : Senapati Kapshi ] Tal : Kagal ] District Kolhapur ] ] 7 Shri Ramchandra Maruti Naik ] adult, ] Occ : Agriculturist ] Residing at : Senapati Kapshi ] Tal : Kagal ] District Kolhapur ] ] 8 Shri Vijay Narayan Bhangore ] adult, ] Occ : Agriculturist ] Residing at : Senapati Kapshi ] Tal : Kagal ] District Kolhapur ] ] 9 Shri Shivaji Maruti Nawale ] adult, ] Occ : Agriculturist ] Residing at : Senapati Kapshi ] Tal : Kagal ] District Kolhapur ] ] 10 Shri Maruti Linkappa Naikwade ] adult, ] Occ : Agriculturist ] Residing at : Senapati Kapshi ] Tal : Kagal ] District Kolhapur ] ] 11 Shri Babasaheb Shankar Mutnale ] adult, ] Occ : Agriculturist ] Residing at : Senapati Kapshi ] Tal : Kagal ] District Kolhapur ] 14 12 Shri Raosaheb Annasaheb Patil ] adult, ] Occ : Agriculturist ] Residing at : Senapati Kapshi ] Tal : Kagal ] District Kolhapur ] ] 13 Smt.Akkabai Malgunda Patil ] adult, ] Occ : Agriculturist ] Residing at : Senapati Kapshi ] Tal : Kagal ] District Kolhapur ] ] 14 Shri Vaibhav Tattyasaheb Patil ] adult, ] Occ : Agriculturist ] Residing at : Senapati Kapshi ] Tal : Kagal ] District Kolhapur ] ] 15 Smt.Shankutala Tattyasaheb Patil ] adult, ] Occ : Agriculturist ] Residing at : Senapati Kapshi ] Tal : Kagal ] District Kolhapur ] ] 16 Shri Chandrakant Vijay Tashildar ] adult, ] Occ : Agriculturist ] Residing at : Senapati Kapshi ] Tal : Kagal ] District Kolhapur ]...Petitioners Versus 15 1 State of Maharashtra ] [summons to be served on the learned] Additional Government Pleader ] appearing for State of Maharashtra ] under order XXVII, ] Rule 4, of the Code of Civil Procedure ] Code 1908] ] ] 2 The Divisional Commissioner, ] Pune Division, Pune. ] [summons to be served on the learned] Additional Government Pleader ] appearing for State of Maharashtra ] under order XXVII, ] Rule 4, of the Code of Civil Procedure ] Code 1908] ] ] 3 Special Land Acquisition Officer No.12] (Old Rajwada, Kolhapur) ] [summons to be served on the learned] Additional Government Pleader ] appearing for State of Maharashtra ] under order XXVII, ] Rule 4, of the Code of Civil Procedure ] Code 1908] ]...Respondents. WITH WRIT PETITION NO. 2896 OF 2001 Shri Manohar Jyoti Pawar ] At & Post Baleghol ] Tal : Kagal, ] District Kolhapur ]...Petitioner Versus 1 State of Maharashtra ] [summons to be served on the learned] Additional Government Pleader ] appearing for State of Maharashtra ] 16 under order XXVII, ] Rule 4, of the Code of Civil Procedure ] Code 1908] ] 2 The District Rehabilitation Officer, ] Kolhapur, ] [summons to be served on the learned] Additional Government Pleader ] appearing for State of Maharashtra ] under order XXVII, ] Rule 4, of the Code of Civil Procedure ] Code 1908] ] ] 3 The Divisional Commissioner, ] Pune Division, Pune. ] [summons to be served on the learned] Additional Government Pleader ] appearing for State of Maharashtra ] under order XXVII, ] Rule 4, of the Code of Civil Procedure ] Code 1908] ] ] 4 Special Land Acquisition Officer No.12] (Old Rajwada), Kolhapur ] [summons to be served on the learned] Additional Government Pleader ] appearing for State of Maharashtra ] under order XXVII, ] Rule 4, of the Code of Civil Procedure ] Code 1908] ]...Respondents. WITH WRIT PETITION NO. 2900 OF 2001 1 Shri Vithu Krishna Pawar ] 2 Shri Dyanu Krishna Pawar ] 3 Shri Balwant Krishna Pawar ] ] At & Post Balikire ] Tal : Kagal, District Kolhapur. ]...Petitioners. 17 Versus 1 State of Maharashtra ] [summons to be served on the learned] Additional Government Pleader ] appearing for State of Maharashtra ] under order XXVII, ] Rule 4, of the Code of Civil Procedure ] Code 1908] ] ] 2 The State Divisional Commissioner, ] Pune Division, Pune. ] [summons to be served on the learned] Additional Government Pleader ] appearing for State of Maharashtra ] under order XXVII, ] Rule 4, of the Code of Civil Procedure ] Code 1908] ] ] 3 Special Land Acquisition Officer No.12] (Old Rajwada), Kolhapur ] District Kolhapur. ] [summons to be served on the learned] Additional Government Pleader ] appearing for State of Maharashtra ] under order XXVII, ] Rule 4, of the Code of Civil Procedure ] Code 1908] ]...Respondents. Mr. A V Anturkar with Mr. S B Deshmukh a/w Mr. Tanaji Mathugade for the Petitioners Mr. C R Sonawane, AGP for Respondent Nos.1 to 3. 18 CORAM : A. M. KHANWILKAR, R. M. SAVANT, JJ. Judgment Reserved on : 21st April 2010 Judgment Delivered on : 07th June 2010 JUDGMENT [ PER R M SAVANT, J] : 1 The above Writ Petition No.1143 of 2002 and the companion Writ Petitions impugn the Notification dated 26th July 1995 issued under the Maharashtra Project Affected Persons Rehabilitation Act, 1986, (herein after referred to as “the Act of 1986” for brevities sake), by which notification the slab applicable for the project in question was changed from 3 hectares 23 ares to 1 hectare 61 ares for the acquisition of the lands in the benefited zone. The Petitions also challenge the declaration dated 14th December 2001 issued under Section 6 of the Land Acquisition Act, (herein after referred to as “The L.A. Act” for brevities sake), that the lands which are the subject matter of the above Petitions are sought to be acquired for the rehabilitation of the project affected persons of the Chikotara project. 19 2 The facts necessary to be cited for adjudication of the above Petitions can be stated thus :­ Writ Petition No.1443 of 2002 would be treated as a lead matter and the facts in the said Petition would be referred to for the sake of convenience. The Petitioner claims to be the owner of the property bearing Gat No.127 [part] admeasuring 28 ares, situated at village Alabad, Tal.Kagal, District Kolhapur. The lands in the said village Alabad fall within the benefited zone of the irrigation project known as the Chikotara project. By virtue of the notification issued under Section 11(1) of the Act of 1986, the provisions of the said Act of 1986 have been made applicable to the Chikotara project. The said notification issued under Section 11(1) has been issued and published in the Government Gazette on 15th September 1990. In terms of the scheme of the said Act of 1986, the notices under Section 13(2) of the said Act of 1986 were issued by the Collector of Kolhapur on 20th September 1993, 22nd November 1993 and 3rd December 1993. The said notices were inter­alia for the purpose of identifying the area of the benefited zone, affected zone and the slab applicable. After 20 following the procedure under subsection (2) of Section 13, a notification was published under Section 13(1) of the Act of 1986 on 4th March 1994. In terms of the said notification, the area of the affected zone was mentioned as 261 hectares and the area of the benefited zone was mentioned as 7887 hectares and 75 ares and in so far as the slab is concerned, the slab of 3 hectares 34 ares mentioned in Part II of the Schedule was made applicable to the said Chikotara project for the purpose of acquisition of land in the benefited zone. Thereafter another notification under subsection (1) of Section 13 dated 26th July 1995 came to be issued on 26th July 1995 which was also published in the Government Gazette on the same day. By the said notification, the slab of 1 hectare and 61 ares mentioned in Part II of the Schedule to the said Act of 1986 was made applicable for the purpose of acquisition of the land in the benefited zone. 3 In terms of the scheme of acquisition of land, a notification under Section 4(1) of the L.A. Act came to be issued on 21st September 2000. After following the gamut of processes mentioned in the L.A. Act, declaration under Section 6 came to be 21 issued on 14th December 2001 which was published in the Maharashtra Government Gazette on 19th December 2001. Thereafter notices under Sections 9(3) and 9(4) of the L.A. Act came to be issued to the Petitioner on 15th January 2002. As mentioned herein above the notification under Section 13(1) of the Act of 1986 dated 26th July 1995 and the declaration under Section 6 dated 14th December 2001 issued under the L.A. Act qua the lands of the Petitioners, which have been impugned in the above Petition and the companion matters. 4 On behalf of the Respondents three Affidavits in Reply have been filed. Out of which two have been filed by one Pradip R Katkar, District Resettlement Officer, Kolhapur which are dated 17th April 2007 and 28th June 2007 and one has been filed by Dr.Swati Deshmukh, Special Land Acquisition Officer, No.12, Kolhapur which is dated 16th April 2007. In the Affidavit in Reply dated 28th June 2007, it has been mentioned that though the land slab of 3 hectares and 23 ares was made applicable to the said Chikotara project for the purpose of acquisition of land in the benefited zone, since the land as per the slab of 3 hectares and 23 ares was not proving to be sufficient for the purpose of allotment to the rehabilitation of project affected 22 persons, it was decided to reduce the slab from 3 hectares 23 ares to 1 hectare 61 ares. It has further been stated in the said affidavit that the State Government granted approval for reduction of the said slab from 3 hectares 23 ares to 1 hectare 61 ares which was accordingly communicated to the District Resettlement Officer by a letter dated 30th September 1995. In so far as 2nd notification is concerned, the said affidavit states that the notification under subsection (1) of Section 13 of the Act of 1986 was issued on 26th July 1995, reducing the slab from 3 hectares 23 ares to 1 hectare 61 ares and accordingly a proposal for acquisition in terms of the reduced slab was submitted to the Special Land Acquisition Officer on 13th March 1996 for taking further steps in respect of the acquisition of the lands. Now coming to the affidavit of Dr. Swati Deshmukh, the Special Land Acquisition Officer No.12, Kolhapur dated 16th April 2007, the dates and events, encompassing the notification under Section 4(1), declaration under Section 6, leading to passing of the Award dated 21st January 2004 have been mentioned. The sum and substance of the said affidavit is that the said affidavit discloses that the final award in respect of the lands in question has been passed on 21st Januar 2004 after following the gamut of processes mentioned in 23 the L.A. Act. Hence indubitably, during pendency of the above Petitions, the award has been passed in respect of the lands in question. 5 We have heard Shri A V Anturkar, the learned counsel appearing for the Petitioners in all the above Petitions and Shri C R Sonawane, the learned AGP for the Respondent Nos.1 to 3 in all the above Petitions. 6 On behalf of the Petitioners, it was principally contended by Shri Anturkar, the learned counsel appearing for the Petitioners, that the Respondents