Yesho Nathu Mahajan and Another v. State of Maharashtra and Others

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1980 Supreme(Online)(Bom) 6

BOMBAY HIGH COURT
M. A. K. Tiwari, J
Yesho Nathu Mahajan and Another v. State of Maharashtra and Others

Advocates:
For the Appellants/Petitioners: G.M. Bhokarikar
For the Respondents: R.D. Rane

Table of Content
1. challenge to land acquisition notifications. (Para 1 , 2)
2. arguments over the urgency clause. (Para 3 , 4)
3. court observations on necessity of a hearing. (Para 5 , 6 , 8 , 9)
4. establishment of burden for urgency evidence. (Para 7 , 10)
5. final decision quashing the notifications. (Para 11 , 12)

1. By this petition under Art.226 and Art.227 of the Constitution, the petitioners challenge the validity of notifications issued under S.4 and S.6 of the Land Acquisition Act in July 1975 and October 1975 respectively and the proposed acquisition of 1 hectare and 72 acres of land out of Gat No. 613, situated at village Vaghode Budruk, taluka Raver, District Jalgaon, for a public purpose viz., provision of house sites for landless workers and their families and for extension of gaothan.

2. On 26th July 1971, the Grampanchayat of village Vaghode Budruk passed an unanimous resolution recommending acquisition of Survey Nos. 133 and 134 for the purpose of providing house sites to houseless persons. By another resolution dated 28th July 1972, also passed unanimously, the said Grampanchayat recommended acquisition (for the same purpose) of two additional lands Survey Nos. 129