CEAT LIMITED Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Petitioner has invoked the writ jurisdiction of this Court under Article 226 of the Constitution of India to issue writ of mandamus to Respondent Nos.2 and 3 herein to decide the compensation for the acquisition of 357.9 sq.mt from CTS No.354 owned by the Petitioner, and further to direct the Respondent Nos.2 and 3 to pay the said compensation to the Petitioner in accordance with the provisions of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act,2013, hereinafter referred to as the Right to Fair Compensation Act.

(2.) The Petitioner is a company engaged in manufacturing of tyres for wide range of vehicles. In the year 1950, the Petitioner-Company made an application to the erstwhile Government of Bombay for land to set up a tyre manufacturing unit at Bhandup, Bombay. Pursuant to the agreements dated 15.10.1958 and 17.01.1969 entered with the Petitioner-Company, the Government initiated acquisition proceedings and acquired the land under the provisions of the Land Acquisition Act , 1894 under two separate Awards dated 11.03.1970 and 26.10.2005. The Petitioner-Company was put in possession of the acquired land upon payment of compensation under the Award. The allotment of the acquired land was subject to the terms and conditions stipulated in Sanads dated 29.12.1969 and 23.06.1975 issued in favour of the Petitioner-Company. The land acquired under these two awards is more particularly described in the Schedule to the Sanads dated 29.12.1969 and 23.06.1975, and shall be hereinafter referred to as the acquired land.

(3.) In the development plan of the Municipal Corporation, Greater Bombay, part of the acquired land admeasuring 945 sq. meters under CTS No. 354 corresponding to Survey No.220 (part), is reserved for the Railways. The said land shall be hereinafter referred to as the reserved land.