By order dated 26.11.1993, this Court dismissed the SLP.
The acquisition was for a public purpose, namely, planned development and utilization of lands in Pimpri Chinchwad Township Area for industrial, companymercial and residential purposes.
The effect of issuance of mandamus is to release the remaining land measuring 10 H 33 R from the acquisition proceedings in favour of the landowners.
The Divisional Commissioner then passed a final order dated 20.08.1994 under Section 48 1 of the Act directing therein for deletion of 29 H 98 R from Survey No.
210/1.
Aggrieved by the dismissal of the writ petition and the review petition, the landowners filed SLP c No.12889/1989 in this Court.
3719/1987 in the High Court at Bombay.
Again the said order, the VCHS filed SLP C No.22907/1994 in this Court and the same was dismissed by order dated 10.02.1995.
Respondent No.1 VCHS claiming to be the owner of the land in question felt aggrieved and filed writ petition 1116/1993 questioning therein the legality of the order of the State dated 07.07.1992 to the extent it declined to release the remaining land measuring 10 H 51 R. The High Court, by order dated 23.03.1993, dismissed the writ petition and upheld the order of the State.
The SLAO then issued numberices to the landowners as required under Section 12 2 of the Act.
By order dated 07.09.1994, the High Court dismissed the writ petition.
7/12 on 21.07.2000.
210 and retaining of 10 H 33 R as acquired land for companypletion of development project.
The name of the State Government was accordingly entered in the revenue records at Mutation Entry No.
Heard Mr. Arvind Datar, learned senior companynsel for the appellant, Ms. Meenakshi Arora, learned senior companynsel for respondent No.1 and Mr. Nishant R. Katneshwarkar, learned companynsel for respondent Nos.
companyered from remained under acquisition under SLAO HR acquisition HR to be given to PCNTDA 210 39 H 26 R 28 H 93 R 10 H 33 R 211 1 H 23 R 1 H 5 R 0 H 18 R Total 40 H 49 R 29 H 98 R 10 H 51 R It appears from the record of the proceedings that after the dismissal of the review petition, the landowners members of Deo family transferred the acquired land in question to the members of one Cooperative Housing Society called, Vishnudev Co operative Housing Society for short called VCHS respondent No.1 herein on or about 25.10.1993.
3751/1989 before the High Court, which was also dismissed as withdrawn on 08.09.1989.
211 measuring around 1 H 23 RTotal land 40 H 49 R situated at Mauje Wakad, Tehsil Mulshi, District Pune Maharashtra was originally owned by the members of one Deo family.
Notwithstanding the termination of two rounds of litigation up to this Court, the landownersVCHS again started third round and filed fresh writ petition 3200/1994 in the High Court and this time prayed therein for deletion of 10 H 55 R from Survey No.
Since the landowners did number accept the companypensation, the entire amount of companypensation was deposited by the SLAO in Revenue Deposit Account of Treasury.
The PCNTDA then filed an application for intervention in the said writ petition which was allowed by directing the VCHS to implead PCNTDA as party respondent in the writ petition.
On 04.11.2004, the State Government directed that all the matters where the orders were number companymunicated to the parties companycerned be placed for fresh companysideration for passing appropriate orders.
During pendency of this application, the landowners filed writ petition No.36/1990 in the High Court and prayed therein for a direction to the State for deciding their application.
The State Government then handed over the possession of the land in question to PCNTDA on 08.11.2005 to enable them to start the work on the land.
By order dated 07.07.1992, the State Government partly allowed the landowners application and while releasing the land measuring 29 H 98 R retained the remaining land measuring10 H 51 R for execution of the development project for which the entire land had been acquired.
The Special Land Acquisition Officer for short, called SLAO then initiated the proceedings under Section 11 of the Act for determination of the companypensation payable to the landowners and accordingly passed an award dated 23.09.1986.
The State and PCNTDA companytested the writ petition inter alia on the ground that firstly, the writ petition is number maintainable inasmuch as the entire issue in relation to the land in question has already attained finality thrice in favour of the State, therefore, numberhing number remains for further adjudication Secondly, since possession of the land in question has already been taken over by the State long back on 30.05.2000, the provisions of Section 48 of the Act were number applicable to the case and number Section 48 companyld be used for further release of the land from acquisition and lastly, the so called order dated 10.06.2004 passed by the then Revenue Minister was number an order much less a legal one and more so when it was number companymunicated to the landowners, it did number create any kind of right in favour of the landowners.
The details of the land retained and released are mentioned hereinbelow Survey Area Area deleted Area No.
In the meantime, on 19.09.1989, the members of Deo Family filed an application under Section 48 1 of the Act to the Revenue Minister of the State of Maharashtra and prayed therein for release of their acquired land.
The members of Deo family landowners felt aggrieved by the award dated 23.09.1986 and filed writ petition being W.P. No.
The development project for which the land was acquired was to be executed through Pimpri Chinchwad New Township Development Authority for short, called PCNTDA appellant herein.
This is how, out of total acquired land, the land measuring 29 H 98 R was released in favour of landowners from the acquisition proceedings and the land measuring 10 H 33 R was retained to enable the State to execute the development project on the said land through the agency of the appellant.
It was followed by entry of name of PCNTDA in the revenue records on 19.11.2005.
By order dated 12.01.1990, the High Court disposed of the writ petition and directed the State to decide the landowners application in accordance with law.
Respondent No.1 VCHS carried the matter in this Court by filing SLP No.10056/1993.
The VCHS then wrote a letter to the State Government on 06.06.2006 insisting therein for issuance and implementation of the order dated 10.06.2004 passed by the then Revenue Minister but since the Government did number yield to the VCHS insistence, a writ petition 5783/2006 was filed by VCHS on 21.06.2006 in the High Court praying for issuance of mandamus directing the State Government to give effect to the order dated 10.06.2004 passed by the then Revenue Minister and issue appropriate numberification in that behalf by releasing the remaining land measuring 10 H 55 R. In this writ petition, the VCHS arrayed only the State Government as party respondent but did number implead PCNTDA appellant herein .
Survey No.
By impugned order, the High Court allowed the landowners writ petition and issued a mandamus directing the State to give effect to the order dated 10.06.2004 passed by the then Revenue Minister.
Despite losing the battle in the first, second and third round of litigation, as detailed above, VCHS again renewed their efforts and filed an application under Section 48 1 of the Act to the Revenue Minister of the State of Maharashtra to start another round of litigation on 20.01.2004.
Abhay Manohar Sapre, J. Leave granted.
The facts mentioned hereinbelow are taken from the SLP paper books and its List of Dates.
The writ petitioners felt aggrieved by the dismissal of their writ petition filed review petition R.P. No.
No.210 measuring around 39 H 26 R and Survey No.
8212 File No.
The Revenue Minister on 10.06.2004, however, numbered in the file that the land in question be deleted from the acquisition proceedings.
It is against this order, PCNTDA filed this appeal by way of special leave in this Court.
It was also dismissed as withdrawn on 27.11.1989.
This writ petition was dismissed by the High Court by order dated 18.07.1989.
