Advocates:
['SHRI V A THORAT', '', 'SHRI R A THORAT', 'THE ADDL GOVT PLEADER FOR', '', 'R NOS AND']

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

APPELLATE SIDE

WRIT PETITION NO. 1370 OF 1992

Vishwanath Dada Tupe & ors. .. Petitioners

versus

Special Land Acquisition Officer No.12

& Anr. .. Respondents

...

Mr.R.A. Thorat for the petitioners.

Smt.S.S. Bhende, AGP for the respondent nos.1 and 2.

CORAM : S.B. MHASE AND

CORAM : S.B. MHASE AND

CORAM : S.B. MHASE AND

D.G. KARNIK, JJ

D.G. KARNIK, JJ

D.G. KARNIK, JJ

DATED : 18th January 2006.

DATED : 18th January 2006.

DATED : 18th January 2006.

P.C.:

1. Heard the learned counsel for the parties.

2. By this petition, the petitioners challange

notifications dated 14th November 1990 and 3rd December

1991 issued under section 4 and 6 of the Land

Acquisition Act and the acquisition proceedings

initiated for acquisition of the land of the

petitioners.

3. The petitioners are owners of the lands

bearing Survey Nos. 620, 620/1 and 618 of Village

Kumthe, Taluka.Koregaon, District Satara (for short

"the said lands") The State Government intended to

construct a link road for Village Kumthe. The proposed

road passes through the said land and were therefore

they were proposed to be acquired and a notification

under section 4 was issued. An enquiry u/s.5A of the

Land Acquisition Act, 1894 (for short "Land Acquisition

Act") was also held. The petitioners were heard and

their objections were overruled and a declaration u/s.6

was made. A notification to that effect was also

published. Thereafter, the petitioners have approached

this Court challenging the acquisition proceedings.

4. Learned counsel for the petitioners submits

that the acquisition is malafide. There is no need of

construction of the link road. Village Panchayat of

the village Kumthe has also passed a resolution

requesting the Government to drop the construction of a

link road. Yet the lands are being acquired for a

colateral purposes. In paragraph no.5 of the petition,

it is further alleged that there are two political

groups in the village Kumthe from one Mr. Shankarrao

Jagtap was elected as a member of legislative assembly

as a candidate of Congress-I. According to the

petitioners, they had opposed the candidature of

Mr.Shankarrao Jagtap and therefore, at the instance of

Shankarrao Jagtap and his followers and with a view to

cause harm to the petitioners, their lands were

proposed to be acquired. Even earlier acquisition was

initiated in the year 1989 but it was dropped as proper

enquiry under section 5-A was not held. Subsequently,

the fresh notification was issued malafide and at the

instance of Mr.Shankarrao Jagtap. We notice that

Mr.Shankarrao Jagtap is joined as a party to the

petition. The allegations are malafides in fact, and

are