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B. P. COLABAWALLA, SOMASEKHAR SUNDARESAN
Vilas Damu Shinde – Appellant
Versus
Special Land Acquisition Officer, Pune – Respondent
JUDGMENT :
(Somasekhar Sundaresan, J.)
1. Rule. Respondents waive service. With the consent of parties, Rule made returnable forthwith and heard finally.
2. The core issue that falls for consideration in the captioned Writ Petition is whether the Petitioners had been given due notice under the Land Acquisition Act, 1894 (“1894 Act”) in respect of a piece of land co-owned by them when it was acquired in 1989 in connection with the Kasarsai Irrigation Project.
3. The land in question is situated at Survey No. 19/2 [admeasuring 2 Hectares and 63 Are] at Village Nere, Taluka Maval, District Pune, out of which, land admeasuring 1 Hectare and 60 Are was the subject matter of acquisition under the 1894 Act [for short the “ 19/2 Land”]. The Petitioners were also owners of other parcels of land being Gat No. 26A, Gat No. 26B and Gat No.26C [admeasuring 3 Hectares and 20 Are] [collectively, referred to as the “26ABC Land”]. The acquisition in question, right from the Section 4 notification to the Award passed in the matter, covered both, the 19/2 Land and the 26ABC Land.
4. According to the Petitioners, they had no notice of the proposed acquisition in terms of Section 4(1). As a result, they
Public notice under the Land Acquisition Act suffices for informing interested parties; individual notice is not required, and excessive delay in challenging acquisition proceedings can bar claims.
Acquisition of land under Section 4(1) read with Section 17(1) of the Land Acquisition Act, 1894 - Ground of urgency - Requirement of Section 5A
The limitation period for filing a reference petition under the Land Acquisition Act begins when the landowner has actual knowledge of the award's contents, not merely from the award's passing date.
The limitation period for filing a reference petition under the Land Acquisition Act begins from the date of knowledge of the award's contents, and the burden of proving notice issuance lies with the....
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