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Judgment
S.J. Vazifdar, J.—Rule. By consent, rule is made returnable forthwith.
The Petitioners have sought a writ of Mandamus directing the Respondents to acquire their land and in the alternative to restore it to its original position. According to the Petitioners, the Respondents illegally tarred a part of their land for the purpose of making a public road. By an order dated 22.01.2010, the learned Counsel for the Municipal Council submitted that the Municipal Council had decided to acquire the property and that a proposal would be submitted to the Director, Municipal Administration. On behalf of the State Government, it was stated that if the proposal was received, appropriate orders would be passed at the earliest.
Learned Counsel appearing on behalf of the Municipal Council states that the Municipal Council has decided to acquire the said land and it has sought an N.O.C. from the Town and Country Planning Department (TCP Department) of the State Government in this regard. This was done by a communication dated 22.01.2010. Despite the same, the TCP Department has not processed the application. There is no justification for the delay. The matter is pending for long. The Respondents must either acquire the land or ensure that it is restored to its original position or to pay compensation for the same as per law.
In the circumstances, the writ petition is disposed of with the following order:
(i) The Respondents are at liberty to adopt proceedings for acquiring the said property on or before 31.05.2010 under the provisions of Land Acquisition Act, failing which it would be presumed that the Respondents are not interested in acquiring the said property. In that event, liberty to the Petitioners to adopt appropriate proceedings on the basis of the Respondents are not interested in acquiring the property.
(ii) Rights and contentions of the parties in that regard are kept open.
(iii) There shall be no order as to costs.
(iv) Rule is made absolute accordingly.