VOLTAS LIMITED Vs. TEHSILDAR THANE

JUDGEMENT

(1.) BOTH these petitions have been filed by the petitioners for the reliefs prayed in the petitions. In the first petition (Writ Petition No. 1481 of 2002), the petitioner has sought a writ of certiorari or any other appropriate writ, direction or order quashing and setting aside orders dated 5th February, 2002, 18th February, 2002 and a demand notice dated 6th March, 2002. In the second petition (Writ Petition No. 7457 of 2002) a prayer is made for quashing orders dated 30th March, 2002, 13th May, 2002 and 9th October, 2002.

(2.) THE case of the petitioner in the first petition (Writ Petition No. 1481 of 2002) is that it is a Public Limited Company engaged in manufacturing air conditioners, refrigerators and other items. The establishment is located at Chinchpokli in Bombay. In 1966, the petitioner set up a factory at Thane to carry out manufacturing activities. For the said purpose, it purchased land admeasuring about 98,000 sq. mtrs. at village Majiwade, from a private party. The petitioner, however, felt that additional land would be needed to effectively continue with the manufacturing process. The petitioner, therefore, approached the Government of Maharashtra and requested it to acquire land for the Company under the provisions of the Land Acquisition Act, 1894. Proceedings were initiated under the Land Acquisition Act, 1894 read with the Land Acquisition (Companies) Rules, 1963. More than one lakh square metres of land had been acquired and given to the petitioner. A Sanad was issued in favour of the petitioner on January 20, 1969, which is annexed at Exhibit-A to the petition. The land was allotted to the petitioner on the terms and conditions mentioned in the Sanad as Class II occupant. Condition No. 7, which is relevant, read as under: the Company shall not in anywise whatsoever alienate the said land or any portion thereof by way of sale, mortgage, gift, lease, exchange or otherwise howsoever except with previous permission in writing of the Government. " it is also mentioned in the Sanad that the land will be vested in the Company and shall be held by it as its property to be used by the Company for the purpose of constructing dwelling houses for workmen employed by the Company and the provisions of the amenities directly connected therewith, subject to the provisions of the Maharashtra Land Revenue Code, 1966 and the Rules framed thereunder. It was also stated that except with the previous permission in writing of the Government, the land shall not be transferred, for any purpose other than for which it was acquired. A condition regarding construction of work was also imposed. It was stated that if the company would commit breach of any of the terms and conditions, the transfer of land in favour of the Company would be treated as null and void and the land would revert back to the Government.

(3.) IN 1976, the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as "the Act"), came to be enacted. In accordance with provisions of section 20 of the Act, the Company submitted an application for holding land in excess of the ceiling limit by granting an exemption.