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Judgment
Heard Mr. Kamdar, learned Senior Counsel for the Petitioners, Mr. Gokhale, learned AGP for Respondents No. 1 to 7 and Mr. Prajapati for Respondents No. 8 & 9. Mr. Sunil Dighe has filed a Civil Application on behalf of two Applicants, who have filed Petition being Public Interest Litigation (PIL) No. 74 of 2007 in this Court.
Our attention is drawn to prayers in PIL No. 74 of 2007, wherein notification u/s 4 of the Land Acquisition Act, 1894 (for short the Act) in respect of area of 8250 Hectares in 45 villages is impugned.
Mr. Gokhale has tendered an Affidavit made by Shridhar W. Bodhe, Special Land Acquisition Officer MSEZ, Uran, District-Raigad, wherein it is set out in paragraph 8 that some of the interested persons have filed Writ Petitions in this Court challenging the acquisition proceedings initiated by the Government for acquisition of land in dispute for Petitioner No. 1 Company. These Petitions are transferred to the Hon''ble Apex Court as per the directions issued by it. The list of these Petitions has been set out in paragraph 8. It has been further set out in paragraph 9 that in respect of the Petitions at Sr. No. 1 to 6, the State Government has already exercised its powers u/s 48(1) of the Act and these lands have been deleted from the acquisition proceedings on 18th February, 2009.
Mr. Kamdar, learned Senior Counsel appearing for the Petitioners, submits that in the proceedings pending before the Apex Court, no stay is granted in any of the matters. He, therefore, submitted that u/s 11(2) of the Act, the Collector should proceed to hold inquiry as contemplated therein or in the alternative, declarations u/s (6) of the Act be stayed, failing which the declarations u/s 6 will lapse.
Mr. Dighe, learned Counsel for the Intervenor submits that the Petitions filed by interested persons in the Apex Court are likely to be listed shortly.
Since the Apex Court is seized of the matters as also larger issue questioning the correctness of Notification u/s 4 of the Act is pending consideration before the Apex Court, we are not inclined to grant ad-interim order to the Petitioners and grant liberty to the parties to move the Apex Court for obtaining further appropriate orders including transfer of the present Petition to the Hon''ble Apex Court.