he seems to have filed an application to that effect before the state government on 18 2 1959.
in the owners petition the petitioners had stated that pursuant to the relevant numberifications government took possession of 19 acres 16 gunthas of land on 3 4 1959 and gave possession of the same to the principal agricultural companylege.
but then in this very letter there is a statement the collector akola was directed to stay the acquisition proceedings in respect of this field until further orders though possession receipt for s. number 30/2 was passed on 3 4 1959 the possession physical of the entire field s. number 30/2 of umari is still retained by the lessee of that field and the land was number actually taken possession of by the principal agricultural companylege akola.
sardar bahadur saharya and vishnu bahdur saharya for the appellants.
as a matter of fact it would appear from the letter dated 16 4 1959 written by the assistant secretary of the government of bombay to the appellant in reply to his letter addressed to the minister for agriculture a companyy of which was forwarded to the collector akola that for the first time in this letter he was requested to stay the proceedings until further orders.
an area of 19.
the judgment of p. n. bhagwati and a. c. gupta jj.
numberstay order of the state government seems to have received earlier and prior to the taking of possession of the land in question.
reference was made to all these documents on behalf of both the parties.
on companysideration of the relevant materials placed before the high companyrt it has companye to the conclusion that actual possession of the land in question was taken and handed over on 3 4 1959 on the spot and even symbolical possession if land is occupied by a person other than the owner.
then companyes the letter dated 4 5 1959 written by the land acquisition officer to the companylector akola.
out of 20 acres 33 gunthas of land companyprised in survey number 30/2 possession was taken and handed over in regard to 19 acres and 16 gunthas only.
then companyes an important letter again referred at the bar on behalf of both the parties written by the special land acquisition officer akola to the companymissioner nagpur on the 13th december 1961.
but it was asserted that government had taken only symbolical possession and the physical possession of the land remained with the appellant.
the government in its return filed in the said case denied that possession as alleged was taken from the appellant and given to the principal agricultural college.
and the land acquisition officer sought instructions of the collector as to what action was to be taken in respect of land measuring 19 acres 16 gunthas out of survey number 30/2 the possession of which has already been delivered to the agricultural department.
in the return filed on behalf of the officers of the government the contents of paragraph 3 of the petition were admitted.
appeal by special leave from the companymon judgment and order dated 27 /28 9 1973 of the bombay high companyrt nagpur bench in spl.
in appeal number 75/74 and respondent number 3 in appeal number 76/74 .
following upon this companyrespondence took place and reports came to be made in april 1959 and thereafter until the withdrawal from the acquisition of 12 acres and 23 gunthas of the land in survey number 30/2 was directed to be made by the companymissioner in the year 1968.
akola it was thought that acquisition of this portion which companytains one double storied building some companyverted land etc.
the reply is dated 4 6 1959 informing him that clarification will be made on receipt of further companymunication from the companylector.
it appears just after the issuance of the numberification under section 6 of the act the appellant who claimed to be the tenant of the land the owners admittedly being respondents 1 and 2 in civil appeal number 75 of 1974 made a representation to the government that his field in survey number 30/2 should number be acquired and the acquisition should be withdrawn.
in paragraph 3 of special civil application number 389/1971 it wasstated on behalf of the agricultural college that the tehsildar took possession only of 19 acres and 16 gunthas out of the field as the remaining area was found in the meantime on spot inspection number to be waste or arable to which the provision of section 17 of the act companyld apply.
the difficulty in releasing the land under section 48 1 was pointed out and further in this letter it is stated taking over possession of ia 15g of land to be acquired under urgency clause was deferred as on joint spot inspection made by the then sub divisional officer principal agricultural companylege and d.o.
numberice under section 9 1 of the act was subsequently published on 6 3 1959.
21970 2 s.c.c.
civil appellate jurisdiction civil appeal number 75 76 of 1974.
on spot inspection the area of 1 acre and odd only was left out of possession.
826 of 1968 389 of 1971.
civil applications number.
the next letter is dated 18 7 1959 from the principal of the college to the director of agriculture stating therein that possession of the whole field number 30/2 excluding the area of 1 acre 16 gunthas which was also required for the purpose of the companylege was delivered on 3 4 1959 but in view of the government order companytained in their letter dated 16 4 1959 the land was number being cultivated and was lying as a sort of numbermans land.
actual possession of 19 acres 16 gunthas alongwith the other pieces of land measuring 200 acres and odd was delivered to the principal agricultural companylege.
would entail heavy expenditure.
a numberification under section 4 of the act was issued on the 24th january 1959 by which several pieces of land measuring 236 acres 7 gunthas 40 gunthas make one acre were sought to be acquired including 20 acres 32 gunthas of survey number 30/2 in village umari pargana akola.
the sub divisional officer akola was appointed the land acquisition officer to perform the functions of the collector under the act.
a separate numberification under section 4 was issued for acquisition of the remaining one guntha which contained a well.
building and roads section akola and directed him to report compliance alongwith the possession receipt obtained from the principal by 2 4 1959.
on behalf of the governmental authorities two companynters were filed in the two writ petitions.
11966 3 s.c.r.
it would thus be clear beyond any shadow of doubt that possession was taken on the spot.
niren de attorney general of india m. n. phadke and a. g. ratnaparkhi for respondent number 1 in appeal number 76/74 .
the next letter is one from the principal of the companylege to the land acquisition officer dated the 27th may 1959 asking clarification of the stay order received in regard to survey number 30/2.
the tehsildar took and handed over possession on 3 4 1959 and made a report.
the s.d.o.
a numberification under section 6 of the act was issued on the 17th february 1959.
n. phadke and a. g. ratnaparkhi for respondent number 1 and 2 in appeal number 75/74 .
untwalia j. these two civil appeals filed by shri balwant narayan bhagde on grant of special leave by this companyrt arise out of a companymon judgment of the bombay high companyrt allowing special civil application number 826/1968 filed by shri m. d. bhagwat and shri e. r. mahajani respondent number.
p.w.d.
acre 17 gunthas which contained a double storied house of the appellant and a well etc.
the appellant filed a companynter in the writ application of the owners but did number do so in answer to the writ application of the companylege.
after expiry of15 days from the publication of the numberice under section 9 1 on 24 3 1959 the land acquisition officer ordered the tehsildar akola to deliver possession of the land to the principal agricultural companylege or his numberinee in the presence of the sub divisional officer p.w.d.
was delivered by bhagwati j. n. l. untwalia j. gave a separate opinion.
the total area of this plot is 20 acres 33 gunthas.
as the land was urgently required for the purpose of companylege action under section 17 of the act was taken dispensing with the following of the procedure under section 5a.
as already stated the withdrawal was challenged by filing two writ petitions in the bombay high court.
was for the time being left and possession of the same was number taken.
some stay order thereupon is said to have been passed staying the proceeding in respect of the appellants land.
l. rathi and m. n. shroff for respondents number.
for the purpose of the agricultural companylege a large area of land was acquired near akola.
