The Aurangabad bench of the Bombay high court has rejected the claim of the state government on a plot of land, measuring five acres and four gunthas, which was acquired by the Land Acquisition Authority in 1977. The claim was rejected on grounds that only the paper work was done and no monetary transaction took place between the landowner and the state.

The court further observed that as the period of five years to complete the acquisition process has lapsed as per the Land Acquisition Act of 2013, the state had no claim and the land would remain vested in the petitioner who had its possession since 1977.

A division bench of justices R.M. Borde and K.L. Wadane was hearing the public interest litigation filed by Babasaheb Wakchure and his family challenging the government’s acquisition of the land belonging to their grandfather for the purpose of rehabilitation of persons affected by the Jayakwadi project in 1977. However, even after acquiring the land, the Wakchure family remained in possession of the land and carried out agricultural activities there.

In 2006, the tehsildar of Akole had termed the Wakshures as encroachers but the panchnama and witness of the panch went against the tehsildar. In 2014, when the tehsildar again asked the Wakshures to vacate the property they approached the court and prayed for relief under section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.