JUDGMENT - R.M. LODHA, J.:---An interesting question which arises in this writ petition is whether once the land has been acquired for the purpose of resettlement of project affected persons from the holding of the land holder under the Land Acquisition Act and the Maharashtra Resettlement of Project Displaced Persons Act, 1976 is it open to the concerned authorities to further acquire the land from the holding of such land holder for resettlement of project affected persons of the same project.

2. The aforesaid question arises from the following facts and circumstances:

The petitioners were holding various pieces agricultural land within village Kavathe-Piran, Taluka Miraj, District Sangli, vide notification dated 30th November, 1982, provisions of the Maharashtra Resettlement of Project Displaced Persons Act, 1976 (for short 'Act of 1976') were made applicable to various villages in Sangli District including the village Kavathe-Piran where petitioners' holding is situated. In the said notification, the villages which were likely to be affected were specified and so also the benefited zone. By the said notification it was also declared that the provisions of section 11 of the Act of 1976 shall apply to Warna Irrigation Project. By notification dated 27-2-1996 issued under section 4(1) of the Land Acquisition Act, the petitioners agricultural land bearing Survey No. 531 admeasuring 1 Hectare 25 Ares and Survey No. 1976 admeasuring 1 Hectare 49 Ares was proposed to be acquired for the resettlement of Warna Project affected persons. The copy of the said notice under section 4(1) was also served upon the petitioners and in response thereto the petitioners requested the authorities to acquire the requisite land out of single survey instead of two different pieces of land. The petitioners voluntarily suggested the respondents to acquire the requisite land out of Survey No. 531 admeasuring 1 Hectare 74 Ares, eastern side for the said purpose. The acquiring authorities inspected the land and as suggested by the petitioners acquired the land admeasuring 1 Hectare 74 Ares from Survey No. 531 and actual possession was taken. The compensation for acquisition of the said land was also paid to the petitioners. The acquisition of land admeasuring 1 Hectare 74 Ares out of Survey No. 531 was, thus, completed in all respects by passing of the Award dated 31-3-1989 and the said land vested in the State Government free from all encumbrances. It appears that thereafter by notification dated 7th November, 1990 issued under section 4(1) of the Land Acquisition Act, further land of the petitioners, particularly 23 Ares from Survey No. 1940, 70 Ares from Survey No. 1941 and 81 Ares from Survey No. 1976 (in all 1 Hectare 74 Ares) was proposed to be acquired. The petitioners after having been served with the said notice under section 4(1), appeared before the concerned Land Acquisition Officer and raised objection that their land having already been acquired earlier from out of Survey No. 531, their further lands cannot be acquired from their holding for the same purpose again and accordingly, requested the authorities to delete the petitioners' land from the proposed acquisition. The objection raised by the petitioners was overruled and notification under section 6 dated 20th November, 1990 of the Land Acquisition Act was published and thereafter notices under section 9(3) (4) were issued. Aggrieved by the action of the respondents in acquiring petitioners' further land admeasuring 1 Hectare 74 Ares from out of Survey Nos. 1940, 1941 and 1976 the petitioners have filed the present writ petition.

3. On behalf of the respondents, an affidavit-in-reply has been filed wherein it is stated that petitioner land admeasuring 23 Ares out of Survey No. 1940, 70 Ares out of Survey No. 1941 and 81 Ares from Survey No. 1976 situated at village Kavathe-Piran is being acquired for the purpose of resettlement of project affected persons by the Warna project. The deta

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