FAZALBHAI IBRAHIM CO LTD Vs. LAND ACQUISITION OFFICER

JUDGEMENT

(1.) THE Claimants are the owners of land bearing City Survey No. 70 admeasuring 1223.50 sq. mtrs. of Parel -Sewri Division of Bombay City which has been acquired by the Special Land Acquisition Officer -7, Bombay (SLAO -7). The Suit land has been acquired by the Mumbai Municipal Corporation (MMC) for the construction of a primary school, for recreational ground (RG) and for development planning road (DP Road). There are two types of plots of the Plaintiffs which came to be acquired; vacant and tenanted/encroached upon. The Suit land is at Lower Currey Road near Railway Station, Mumbai.

(2.) THE Notification under section 6 of the LAA read with section 126 of the Maharashtra Regional Town Planning Act (MRTP Act) was issued on 18 -8 -1983. It came to be gazetted in the Maharashtra Government's Gazette (MGG) on 23 -1 -1986. A public notice on site came to be put up on 25 -1 -1986 and the Award under section 11 of the LAA came to be passed on 24 -3 -1988. The said Award has been challenged under this Reference filed on 4 -5 -1988.

(3.) THE amount of compensation is challenged by the petitioner as inadequate. Upon the material relied upon by the SLAO the Claimants claim compensation at the rate of 1800 per sq. mtrs. of the land acquired.