Mihan: High court overules objections

Disposing of around 19 writ petitions overruling the objections of petitioner-land-owners against acquisition of their lands for the MIHAN project under section 126 of the Maharashtra Regional Town Planning Act, 1966, Justice Dilip Sinha and Justice Ashok Bhangale, at the High Court here, have held that Section 11-A of the Land Acquisition Act, 1894, which provides for passing of the award within two years from the date of publication of notification for acquisition, is not applicable to the acquisition of land for MIHAN, in view of the Supreme Court verdict in the Case – State of Maharashtra vs Sant Joginder Singh – 1995 Supp (2) SCC Page 475.

The award was passed on June 20, 2008.

The Court has held that the provisions of section 11-A inserted through Amendment Act 68 of 1984 is not applicable to the proceedings for acquisition of land for MIHAN under the MRTP Act. The court has held that pendency of reference before larger bench of the Supreme Court about the Apex Court decisions in Girnar-I and Girnar-II cases, does not affect in any manner the binding nature of the law declared by the Supreme Court in the Joginder Singh’s case. Further the Supreme Court’s decisions in the NIT case and the MSRTC case do not enlarge the scope of these judgements to make Joginder Singh judgement applicable to land acquisition cases in respect of MIHAN.

Advocate Sunil Manohar appeared for the one of the petitioners in these cases. Additional GP Bharati Dangre represented the State Senior Counsel M G Bhangde represented the N A D C. Accepting the request of the lawyers appearing in these cases, the Court has agreed to continue status quo in these cases for two weeks more. Advocate A A Naik, A S Manohar, P N Kothari, Anand Parchure, S P Kshirsagar, G R Agrawal and other lawyers represented the parties in other petitions.

~ by nagpurestate on May 6, 2009.