KESHAVRAJ LALCHAND SAKRANEY Vs. SPECIAL LAND ACQUISITION OFFICER

JUDGEMENT

(1.) THIS petition under Article 226 is for the issue of an appropriate writ, order or direction directing the State Government to make order sanctioning deletion of reservation for recreation ground on the petitioners plot of land. The petitioners also seek the issue of an appropriate writ, order or direction for quashing the letter dated 31-10-2002 issued by the State Government to Municipal Commissioner of Greater Mumbai and for directing the State Government to withdraw from acquisition proceedings in respect of the said land.

(2.) THE petitioners are owners of land bearing C. S. No. 65 of Dadar Naigaon Division, admeasuring 3718 square metres, hereinafter called the said land. The Mumbai Municipal Corporation, prepared development plan for City of Bombay, which was sanctioned in respect of "f" ward vide Resolution No. T. P. E. 4366/641 dated 7-1-1967, hereinafter called as 1967 Development Plan. The land of the petitioners was reserved in 1967 Development Plan for public purpose of recreation ground. In the revised development plan which came into force on 30-1-1992 this reservation has been maintained. The revised development plan has been finalized by following the procedure prescribed in sections 26 to 30 of the Maharashtra Regional and Town Planning Act, 1966, hereinafter referred to as the Act. It appears that in 1978 proceedings were initiated to acquire the said land as per request made by the Corporation and pursuant to its Resolution No. 1287 dated 16-1-1978. The said resolution was passed in view of the notice issued by the owners under section 127 of the Act. For the purpose of acquisition the said land was notified by the Special Land Acquisition Officer by issuing notification under section 6 of the Land Acquisition Act, 1894 on 7-4-1978. However, the acquisition proceedings were not proceeded with and lapsed by virtue of the amended provisions of the Land Acquisition Act. Thereafter the petitioners filed Writ Petition No. 2397 of 1987 seeking direction to the respondents to grant development permission or to direct the Corporation to deposit the amount specified by the S. L. A. O. In the meantime since earlier acquisition proceedings had lapsed, Corporation made fresh application to the State Government for acquisition of land of the petitioners reserved for recreation ground in the revised final development plan. Pursuant to the said request, land was again notified by the State Government for acquisition on 17-2-1994. Writ Petition No. 2397 of 1987 was disposed of by the Division Bench on 14-7-1994 holding that since the Award was not made within the specified period as required under section 11-A of the Land Acquisition Act, acquisition proceedings had lapsed and consequently reservation of the plot under the development plan dated 7-1-1967 also stood lapsed. The petitioners again approached this Court by way of Writ Petition No. 330 of 1998 contending inter alia that once reservation had lapsed it is not open for the State Government to reintroduce the reservation while sanctioning the revised development plan. The Division Bench did not accept this contention and by order dated 12-8-1998 directed the State Government to start acquisition proceedings within six months from the date of the order and pass Award within six months thereafter and further directed that if acquisition proceedings are not started within the time specified then the reservation shall stand deleted as contemplated by section 127 of the Act.

(3.) PURSUANT to the order dated 12-8-1998 S. L. A. O. proceeded with the acquisition and prepared the draft Award. It appears that in preparing the draft Award some time had lapsed which resulted in the authorities not being able to comply with the time stipulation prescribed by this Court in its order dated 12-8-1998. Therefore a Notice of Motion was moved by the State Government for extension of time for declaration of the Award. The said Notice of Motion came to be dismissed by this Court on 30-8-1999. The said order was challenged by the Corporation in Special Leave Petition No. 17993 of 1999 before the Supreme Court. In the S. L. P. Corporation sought extension of time granted by this Court for declaration of the Award. It appears that contemporaneously this issue was also placed before the Improvement Committee of the Corporation to take decision whether to continue with the S. L. P. filed for extension of time to declare the Award and complete the acquisition or to allow the reservation to lapse as per the order passed by this Court. The Improvement Committee resolved to recommend that S. L. P. be pursued further and that the land be acquired by declaration of Award. The Corporation endorsed the view of the Improvement Committee vide Resolution dated 7-2-2000. The Urban Development Department was informed by the Corporation that it will pay compensation as and when the Award is declared. The above S. L. P. No. 17993 of 1999 was finally heard on 14-2-2000 and the Supreme Court granted extension of time of three months for declaration of the Award especially in view of the fact that the said land was reserved for the public purpose of recreation ground in the development plan and that the Corporation had agreed to acquire the said land and undertaken to pay the compensation as per the Award. The Supreme Court also ordered that the compensation shall be deposited by the Corporation within one month from the declaration of the Award. Subsequently S. L. A. O. declared the Award on 12-5-2000 within the time stipulated by the Supreme Court. The compensation amount under the Award was Rs. 2. 56 crores. The said amount was duly deposited by the Corporation with the S. L. A. O. within one month as directed by the Supreme Court.