19E. Nothing in the Land Acquisition Act, 1894 shall
apply to an acquisition under this Act.
We have already noticed that there is enough material to
show that the acquisition is for the purpose of a byepass on a State
Highway. The Notification under Section 3 of the State Act describes
the State Highway generally with reference to villages and miles and not
with reference to any survey number/gat numbers. Thus, the
submission on behalf of the respondents that there is no notification in
respect of the particular area falling under the byepass and, therefore,
the provisions of the State Act would not be attracted, cannot obviously
be accepted. We find that the acquisition indeed would be required to
be undertaken under the provisions of the State Act. The preamble of
the State Act states that the Act is enacted for restriction of ribbon
development along highways, for the prevention and removal of
encroachment thereon, for the construction, maintenance and
development of highways, for the levy of betterment charges and for
certain other matters.
11] In an unreported decision in Writ Petition No.705/2008
(supra), although the dispute related to a challenge to the notice for
removal of encroachment, issued by the Competent Authority under the
Act, this Court has held that the State Act is a complete code in itself
and Section 19E of the State Act excludes the provisions of the Land
Acquisition Act, 1898.
12] It would be thus clear that whenever the acquisition is for the
purposes of a State Highway governed by the State Act, the application
of the Central Act would stand excluded. We, therefore, find that the
impugned acquisition, which is initiated under the Central Act, thus
cannot be sustained.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
WRIT PETITION NO.6097 OF 2013
Padmaja Arun Pande, V State of Maharashtra,
CORAM : A.P. BHANGALE AND
C.V. BHADANG, JJ.
Dated : 16.01.2015.
Citation;2016(2) ALLMR 230
