2022:BHC-AS:31803-DB IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.11604 OF 2017 Haribhau Narayan Chikane ) Age : 57 yrs. Occ: Agriculture ) R/at:Kapurhol, Tal.Bhor, )

Dist : Pune ) ….Petitioner Versus

1. The State of Maharashtra ) 2. The Additional Commissioner, )

Pune Division, Pune. )

3. The Sub-Divisional Officer, Bhor, )

Tal. Bhor, Dist.Pune. )

4. The Tahsildar, Bhor, )

Tal.Bhor, Dist. Pune. )

5. Shri Maruti Chilu Jogade ) 6. Shri Kisan C. Jogade ) 7. Shri Samaji Namdev Jogade ) 8. Shri Suresh S. Jogade )

All Nos.5 to 8, Adult, Pune ) Inhabitant, Residing at Village )

Nivi. Taluka Velhe, Dist.Pune. ) ….Respondents Mr. Avinash Bhaskar Avhad, Advocate for the Petitioner.

Mr. A. I. Patel, Additional GP with Ms. M. S. Bane, AGP for Respondent Nos.1 to 4 – State.

Mr. Aseem Naphade with Ms. Swati Sawant i/b. S. K. Legal and Associates, Advocates for Respondent Nos. 5 to 8.

CORAM : R. D. DHANUKA &

S. G. DIGE, JJ.

RESERVED ON : 24^th NOVEMBER, 2022.

PRONOUNCED ON : 16th DECEMBER, 2022.

Judgment (Per R. D. Dhanuka, J.):

1. Rule. Mr. Patel, learned Additional Government Pleader waives service on behalf of respondent Nos.1 to 4. Mr. Naphade, learned counsel waives service on behalf of respondent Nos.5 to 8.

By consent, the Rule is made returnable forthwith.

2. By this petition filed under Article 226 of the Constitution of India, the petitioner seeks a writ of certiorari for quashing and setting-aside the award bearing No.L.A./S.R./B19/99 dated 30^th April, 2001 and seeks writ of mandamus to release the petitioner’s land from acquisition and for an order and direction against respondents to carry out the necessary corrections in the record of rights about the release of the petitioner’s land from acquisition. The petitioner also prays for an order and declaration that the land acquisition proceedings in relation to the petitioner’s land bearing Gat No.295 admeasuring 80 Ares of Village Kapurhol, Taluka – Bhor, District – Pune (hereinafter referred to as “writ property”) and the lands stand released from acquisition.

3. Some of the relevant facts for the purpose of deciding this petition are as under:

It is the case of the petitioner that the petitioner and other co-owners are the owners of land bearing Gat No.295 of Village Kapurhol, Taluka – Bhor, District – Pune totally admeasuring 2 Hectares and 15 Are. Out of the said land, an area of 1 Hectare and 60 Are is the subject matter of this petition.

4. According to the petitioner, the land bearing Gat No.295 was originally owned by Shri Narayan Genba Chikane and Shri Pandurang Gen Chikane. On 5^th May, 1999, a notification under Section 4 of the Land Acquisition Act, 1894 (for short “the Land Acquisition Act”) came to be issued by the Special Land Acquisition Officer in respect of the writ property. Hearing was given to the petitioner on 10^th August, 1999 under Section 5-A of the Land Acquisition Act. Notification under Section 6 of the Land Acquisition Act was published in the Government Gazette on 2^nd July, 2000. Notification under Section 9(3) and (4) of the Land Acquisition Act was published on 4^th October, 2000. On 30^th April, 2001, the Special Land Acquisition Officer made an award in respect of the writ property along with several other properties.

5. It is the case of the respondents that on 6^th December, 2000, the petitioner had applied to the Office of the Additional Commissioner, Pune, for offering an alternate land Gat No.293 instead of Gat No.295 to be acquired. On 5^th July, 2008, the said application filed by the petitioner was rejected by the Additional Commissioner.

6. According to the respondents, the petitioner thereafter made an application under Section 48(1) of the Land Acquisition Act for offering an alternate land. The said application also came to be rejected. According to the respondents, the petitioner did not challenge the said order dated 5^th July, 2008 passed by the Additional Commissioner or the order that was passed on the application unde