STATE OF MAHARASHTRA Vs. SURESHCHANDRA KHUSHALCHAND BAKLIWAL

JUDGEMENT

(1.) THIS is a letters patent appeal by the State government, feeling aggrieved by the decision dated 25/01/1993, of this Court (Single Bench) in Writ Petition No. 286/991 (Old No. 269/1983 ). Facts leading to this appeal are required to be stated.

(2.) WRIT Petition No. 286/1991 came to be filed by two brothers, by name, sureshchandra and Ashokchand Bakliwal, contending that, they were originally residents of village Pravara Sangam in Newasa Taluka of Ahmednagar district, located on the banks of Godavari river. Their family owned ancestral properties, including houses and agricultural land in the said village and the said property came to be acquired by the Government of Maharashtra for the jayakwadi Project. Consequently, the petitioners shifted to Ahmednagar and purchased jointly a plot of land in Survey No. 109 situated at Sawedi to have their own residential house. The petitioner No. 1 had 1 Ana and 6 paise share whereas, petitioner No. 2 had 2 Anas and 6 paise share in the said joint plot at Sawedi along with their brother Kailaschand with 2 Anas and 6 paise share in the said plot. The lay out plans were sanctioned by the Municipal Council, ahmednagar, but the Government of Maharashtra issued a notification under section 4 of the Land Acquisition Act, 1894, on 30/07/1970, for acquiring total land of 4h. 98r. in Survey No. 109 of Sawedi for construction of the tenements by Maharashtra Housing and Area Development Authority, (in short, 'mhada' ). On 16/11/1977, MHADA invited, by way of public notice, applications for allotment of the tenements on the subject land and, out of the 744 proposed plots, 36 were reserved for the middle income group. The petitioners along with their brother Kailschand submitted an application separately to the Estate Manager of MHADA on 22-11-1977 for a separate tenement under the Middle Income Group (for short, "mig") category. The said applications were forwarded to the Head Office of MHADA at Mumbai on 12-2-1978. Lots were drawn on 28-4-1978 and Kailschand was successful whereas the petitioners were not successful in getting allotment of any tenement out of the said 36 tenements in MIG category. They submitted a representation on 27th of March, 1980, pointing out that MHADA, Pune, had passed a resolution on 20-4-1978, and decided to allot tenements to the petitioners without processing their applications in the general lots. However, by a letter dated 23/05/1980, the Chief Officer of MHADA, Pune, informed the petitioners that their applications in the general lots were not successful and, out of the three brothers, only Kailschand was successful in allocation of one tenement at Sr. No. 6. They also contended that, out of the 36 tenements in the MIG category, 32 were built and a llotted whereas, the remaining 4 were yet to be constructed and allotted, in the petition filed sometimes in January 1983, before the Principal Bench at Mumbai. The petition was admitted and interim relief in terms of prayer Clause C was granted on 23/02/1983. The said prayer read thus:

(3.) ON 12th of March, 1984, the respondents were directed to keep two tenements in the subsequent scheme advertised on 25-7-1983 by recording the statement made by the learned Counsel for the MHADA that the said advertisement was given only to assess the demand and there was no firm scheme evolved. A notice of this statement was taken accordingly. Writ Petition No. 269/1983 came to be transferred to this Bench and re-numbered as writ Petition No. 286/1991. The same was allowed by judgment dated 2 5/01/1993, and respondent Nos. 1 to 3 were jointly and severally directed to pay Rs. One lac to each of the two brothers by way of compensation, on or before 31st of March, 1993, failing which it was directed that the amount shall carry interest at the rate of 18 per cent on or after 1st of April, 1993.