BYRAMJEE JEEJEEBHOY PVT. LTD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In our opinion, this case is a peculiar case wherein the Petitioners' land was acquired by following due procedure under the Land Acquisition Act, 1894, for a public purpose for construction of a "Rail Over Bridge" (ROB), by a legitimate land acquisition procedure being followed, namely, by issuance of notifications under Ss. 4 and 6 of the Land Acquisition Act 1894 (for short "L.A. Act"), culminating into an award dtd. 15/1/2009. The land acquisition award determined compensation of Rs.72,77,905.00 to be paid to the petitioners which has till date not been paid to the Petitioners is the primary grievance of the petitioners.

(2.) It is not in dispute that the land belonging to the Petitioners CTS No.192 part admeasuring 747 sq. mtrs. situated at Bandivali, Jogeshwari was subject matter of acquisition. This is clear even from the notifications as also the award. It prima facie appears that on totally untenable reasons and completely contrary to the Land Acquisition Act, such amount of compensation as payable to the Petitioners was in fact returned by the Special Land Acquisition Officer to the acquiring body which is Respondent No.3-Municipal Corporation for Greater Mumbai (for short "MCGM"). Such return of the compensation amount to the MCGM appears to be on the basis that prior to the declaration of the award, the Petitioners had taken a position, that they be permitted to opt for Transferable Development Right (TDR) in lieu of monetary compensation. However such plea was subsequently given up as discussed hereafter.

(3.) In our opinion, what is most vital in the context of the petitioners grievance on non-payment of the award compensation, is the immediate communication of the Petitioners to the Special Land Acquisition Officer, after award was published, being the Petitioners' letter dated 18 th April 2009, which was to the effect that the amount of Rs.72,77,905.00 be paid to the Petitioners in cash and for which an advance receipt was also forwarded. We note the said communication which reads thus:-