MAHANAGAR TELEPHONE NIGAM LIMITED Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Leave granted.

(2.) Feeling dissatisfied with order dated 30.7.2010 read with order dated 13.8.2010 passed by the Division Bench of the Bombay High Court in Writ Petition No. 1517/2010 for issue of a mandamus to Respondent Nos. 2 to 4 to hand over vacant possession of final Plot bearing No. 1088, Town Planning Scheme-IV (City) (Mahim) situated at Kashinath Dhuruwadi, Standard Mill Lane, Rajabhau Desai Marg, New Prabhadevi, Mumbai and for restraining Respondent No. 5 from carrying out further development on that plot or creating third party rights, the Appellant has sought intervention of this Court.

(3.) By Notification dated 24.9.1973 issued under Section 4(1) of the Land Acquisition Act, 1894 (for short, 'the Act') the Government of Maharashtra proposed the acquisition of four plots, Town Planning Scheme as described hereinabove for Posts and Telegraph Offices. After considering the report submitted by the Collector under Section 5A(2), the State Government issued declaration dated 7.11.1975 under Section 6(1) of the Act. The Special Land Acquisition Officer (Respondent No. 2) passed award dated 31.3.1982 and fixed market value of Plot Nos. 1087 and 1088 as Rs. 14,14,282/- and Rs. 13,29,897/-, respectively. Assistant Engineer (Phone) (L.A., Mumbai Telephones) deposited the amount of compensation on 9.8.1982.