ROOSI K MODI Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioners inthis writ petition under Arts. 226 and 227 of the Constitution , challenge the validity of the award dated 23-11-1979 made by the Land Acquisition Officer under S 11 of the Land Acquisition Act, hereinafter referred to as " the L.A. Act" . The award fixes a compensation for an area measuring 5, 967.12 sq metres out of C.S. No. 42 known as " Ashley House" situated at Bund Garden and Sassoon Road, Pune -1. The petitioners have become the owners of the property under a settlement Deed dated 7-7-1960 and a transfer deed dated 26-3-1974. A notification under S. 4 of the L.A. Act was issued by the Commissioner on 1-9-1962 indicating Governments proposal to acquire the entire land measuring in all 47,396 sq metres for the public purpose of the construction of the residential quarters for the employees in the income- tax and Excise Department of the Central Government and office building for the Excise Department. The proposal was then finalised and a notification under S 6 was issued on 14-5-1963 after disposal of the objections of the interested persons. The trustees of the property instituted a suit being Suit No. 27 of 1966 during petitioners minority , challenging the validity of the said acquisition proceedings . This suit was decreed by the trial court on 12-31972. But dismissed in appeal ( F.A. No. 529 of 1972 ) by a Division Bench of this court on 18-3-1973 . A leave to a appeal petition under article 136 of the constitution was rejected by the Supreme Court on 25- 11 -1974 . The present petitioners, on whom the property was settled, became its absolute owners on attaining majority on 28-8-1974. The petitioners then instituted another suit on 13-8-1975 along with one Thrity Modi challenging the said land acquisition proceedings again in a suit no. 1497 of 1975. This suit was dismissed on 16-71977 as also the appeal against the same .

(2.) In the meanwhile the urban land ( Ceiling and Regulation ) Act, 1976 hereinafter referred to as " the U.L.C. Act" was enforced on 17-2-1976 placing a ceiling limit on the holdings of vacant land as defined under the said Act. The Act contemplated enquiry into the total holdings of each one of the holders and for that purpose holders were required to submit a statement of the holding under Sec 6 . of the U.L.C. Act . The Petitioners also submitted such statement on 13-8-1976 . The competent authority declared the petitioners to be a surplus holder to the extent of 41, 396 .83 sq metres by his order dated 29-91977, their total holding having been found to be 49,396.83 sq metres including C.S. No.42 and another peice of land . Petitioners appeal against the same was dismissed on 20-1-1979. A notification under Section 10 (3) of the U.L.C. Act was issued eventually on 7-6-1979 for the acquisition of the surplus holdings of the petitioners measuring 41,396.83 sq metres out of C.S. No. 42 as per the details indicated in the notification excluding the remaining area of 5967 .12 sq metres of C.S. No. 42 covered by old residential quarters .

(3.) Immediately after the issuance of Section 6 notification on 14-5- 1963 under L.A. Act, notices under S. 9 of the Act were served and the trial of the claim for compensation at the market rate as on 1-9-1962 was concluded by the time , U.L.C. Act was enforced. The passing of the award was withheld due to the proceedings under the U.L.C. Act. Consequent on the acquisition of the surplus 41,396.83 sq metres of the land of C.S. No.42 under S. 10(3) of the U.L.C.Act , only residential area of 5,967 sq metres of C.S. No.42 was left for acquisition in the pending proceedings under the L.A. Act. The Land Acquisition Officer proceeded to fix the price of this remaining land , namely, 5,967.82 sq metres and take further necessary steps . He did not think it necessary to issue fresh notice under S. 9 of the L.A. Act to the present petitioners as the trustees has already appeared before him after notice under sec 9 and had set up their claim of compensation and led evidence in support thereof. He accordingly fixed compensation and passed the award. After the award was pronounced on 2311-1979, a notice was issued by him on that very day calling upon the petitioners to deliver possession of the land to him. The petitioners thereupon filed this writ application on 3-12-1979 and obtained the stay of further proceedings.