HC seeks report on plot acquired century ago

HC was hearing a petition seeking usage of land contending it was acquired from the petitioner’s forefathers

The Bombay High Court on Thursday sought to know from the state government whether a two-acre land acquired around a century ago was still lying vacant or not. The HC said it was worried of a situation where it will be flooded with petitions asking for return of plots acquired by the state as long as 100 years ago, if unused.

The HC was hearing a petition seeking usage of land contending it was acquired from the petitioner’s forefathers by the government, almost a century ago.

Justices V A Naik and C V Bhadang were hearing a petition by Dnyaneshwar Rayate who wants handing over of land on leave and licence basis.

According to his petition, filed through lawyer Rahul Kadam, the plot, measuring a little over 9 acres, was acquired by the state somewhere in 1915 in Baramati taluka under the Land Acquisition Act, 1894. His claim is that at least two acres of the original land acquired now remains unused.

Kadam cited a 1978 GR that provides for usage of unused excess land by original owners, landless and marginalised communities, and soldiers for cultivation purposes.

“There are several thousand acres of land lying unutilised in several regions of the state. They can be handed over to landless farmers on leave and licence basis,” Kadam told the judges.

The court said there was a judgment of the High Court that was confirmed by the Supreme Court dealing with the issue. The court said it was settled that once the land was acquired it could not be transferred to anyone.

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Raising apprehension, the court further sought to know if the GR of 1978 would hold water given that there have so many acts and amendments in subsequent years. The court, therefore, asked the state government to find out if the GR was still in “force”.

“Find out whether the land is lying vacant,” the judges told the state government lawyer.

aamir.khan@expressindia.com

Aamir Khan

Aamir Khan is the Head-Legal Project for Indian Express Digital, based in New Delhi. With over 14 years of professional experience, Aamir's background as a legal professional and a veteran journalist allows him to bridge the gap between complex judicial proceedings and public understanding. Expertise Specialized Legal Authority: Aamir holds an LLB from CCS University, providing him with the formal legal training necessary to analyze constitutional matters, statutes, and judicial precedents with technical accuracy. Experience Press Trust of India (PTI): Served as News Editor, where he exercised final editorial judgment on legal stories emerging from the Supreme Court of India and various High Courts for the nation's primary news wire. Bar and Bench: As Associate Editor, he led the vanguard of long-form legal journalism, conducting exclusive interviews and producing deep-dive investigative series on the most pressing legal issues of the day. Foundational Reporting: His expertise is built on years of "boots-on-the-ground" reporting for The Indian Express (Print) and The Times of India, covering the legal beats in the high-intensity hubs of Mumbai and Delhi. Multidisciplinary Academic Background: * LLB, CCS University. PG Diploma in Journalism (New Media), Asian College of Journalism (ACJ), Chennai. BSc in Life Sciences and Chemistry, Christ College, Bangalore—an asset for reporting on environmental law, patent litigation, and forensic evidence. ... Read More

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land acquisition