ATMARAM MARYA BHOIR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioners except petitioners Nos. 11, 12 and 16, are the owners of lands situated at Mulund, BOmbay. By notification dt. 5th Aug. 1965 issued under S. 4 of the Land Acquisition Act the lands were notified for acquisition. The lands had been agreed to be sold inter alia to the 11th petitioner, a cooperative housing society. Representations were made on behalf of the owners and the co-operative society for release of the land it had agreed to purchase from acquisition. On 29th May, 1980 the Deputy Secretary to the Stat of Maharashtra, the 1st respondent, informed the chief promoter of the cooperative society that the Government had decided to release from acquisition the land in favour of the co-operative society and further action was being taken by the Commissioner. The latter requested submission by the owners of an undertaking in writing stating that they would claim no damages on account of withdrawal of the land from acquisition. This undertaking was furnished. On 26th June, 1980 the Deputy Secretary wrote to the chief promoter of the cooperative society informing him of an error in mentioning the area of the land released from acquisition; he asked that the Government order conveyed by the letter dt. 4th June, 1978 should be modified accordingly.

(2.) On 11th May, 1981 the Deputy Secretary wrote to the chief promoter referring to the letters of 4th June and 26th June, 1980 with regard to the release of the land from acquisition and stated that, on recondisderation of the matter, the government had decided to cancel the orders contained therein. On 11th June, 1981 the Municipal Corporation of Greater BOmbay, the 4th respondent served upon the petitioner's architect a notice under S. 354a of the Bombay MUnicipal Corporation Act calling for immediate cessation of construction work. It is clear from the affidavit field on behalf of the Corporation that this was done at the instance of the government.

(3.) On 29th Sept. 1981 this petitions was filed impugning the cancellation order and the stop work notice.