STATE OF MAHARASHTRA Vs. SUHAS PANDURANG ATHAVALE

JUDGEMENT

(1.) THE State of Maharashtra has filed this Appeal impugning the Judgment and Order dated 27-11-1989, passed by the learned Joint Civil Judge (Senior Division), Alibag, whereunder the respondents's suit was decreed and the State of Maharashtra was directed to pay a sum of Rs. 5,00,000/- by way of damages together with interest at the rate of 12 per cent per annum thereon to the Respondent.

(2.) IT will be pertinent at this stage to set out a few relevant facts relating to this Appeal. By a Resolution dated 26-6-1979, the Government leased out certain lands at Village Dhavar, Taluka Alibag, District Raigad, in Survey no. 67/a/1-A, admeasuring 82 Acres, for the purpose of manufacture of salt. Oh 5-12-1980, the State Government invited tenders through the revenue Department. On 20-8-1981, the State Government decided to grant a lease of the lands to the Respondent for a period of 25 years. On 7-9-1981, the State government, by an order, informed the Respondent that the lease would be governed by the conditions stated under the Maharashtra Land Revenue code, L966 and the Maharashtra Land Revenue (Disposal of Government lands) Rules, 1971 as also by the Central Excises and Salt Act, 1944 and the Rules thereunder. It was stipulated that the agreement initially would be executed for a period of three years. On 4-12-1981, an agreement between the Respondent and the State government was executed. Thereafter the Respondent started putting up the bunds for the purpose of manufacturing salt. The Respondent constructed a number of bunds on the land leased out to him. It is the grievance of the Appellate-State Government that the bunds constructed by the Respondent were defective to the extent that they did not allow any outlet for the excess water to rush into the sea. As a result of this, the public road as well as certain houses of the villagers got submerged in water. The Collector received various complaints in this regard from the villagers of village Dhavar on 22-3-1982 and on 6-12-1982. On 6-1-1983, the District Magistrate took cognizance of the complaints made by the villagers and held an enquiry under Section 133 of the Code of criminal Procedure, 1973. The Respondent was afforded an opportunity of a hearing. On completion of the enquiry, the District Magistrate passed a conditional order dated 6-1-1983. The conditional order was made final by the District Magistrate, Raigad by his order dated 16-4-1984. Under the said order, the Respondent was called upon, along with the other salt manufacturers, to carry out certain repairs and construction as suggested by the Executive Engineer, Kharland Survey and Investigation division, Pen and the Divisional Soil Conservation Officer, Alibag in their joint report No. Tech/nb/6550 of 1982 dated 13-10-1983. The respondent was further directed under the said order not to start the work of manufacturing salt unless and until the Executive Engineer, Kharland survey and Investigation Division, Pen and the Divisional Soil Conservation officer, Alibag jointly certified that the Respondent had completed the work as specified heretofore.

(3.) THE Respondent, being aggrieved by the said order of the learned district Magistrate, Raigad, dated 16-4-1984, filed a suit in the Court of the learned Joint Civil Judge (Senior Division), Raigad at Alibag, being special Civil Suit No. 30 of 1987, against the State of Maharashtra and the Collector of Raigad. In the said suit, the Plaintiff asked for a declaration that the orders passed by the District Magistrate. Raigad under Section 133 of the Code of Criminal Procedure on 16-4-1984 and on 1-7-1984, which was further modified on 11-7-1984, and 1-9-1984, were void, illegal and inoperative in law and the said orders be declared as mala fide inasmuch as the Defendants were liable to give peaceful enjoyment of the demised lands to the Respondent for the purposes for which they were let. The Respondent also prayed for a decree against the State Government and the Collector of Raigad for a sum of Rs. 5,00,000/- as damages together with interest thereon at the rate of 12 per cent per annum.