SADANAND GARAGE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Petitioners/tenants have essentially challenged the acquisition of land acquired for Respondent No.2" Shree Siddhivinayak Ganpati Mandir Trust" (for short, "the Siddhivinayak Trust"), constituted under the provisions of "Shree Siddhi Vinayak Ganpati Temple Trust (Prabhadevi) Act, 1980" (for short, "Siddhi Vinayak Trust Act"), though the owner has never challenged the acquisition till this date.

(2.) It is the case of the Petitioners that they are tenants of Plot No. 901 admeasuring 769 sq. yards: 642.98 sq. meters. According to the Petitioners they were occupying a garage building of 2500 sq. ft, a mezzanine of 800 sq. ft. on the plot and an open area of the plot. Respondent No.2Siddhivinayak Trust owns plot No.904 and has constructed a temple structure of ground + 5 upper floors thereon. Plot No.902 is adjacent to the Temple Plot No.904. Respondent No.3the then owner had entered into Agreement of Sale in respect of Plot No.901 with Century Developers Private Limited, who had undertaken to develop Plot No.901 and had entered into various Agreements including with the Petitioners. Plot No. 901 was even offered for sale on "as is where is" basis by Respondent No.3 to Respondent No.2 Siddhivinayak Trust. Siddhivinayak Trust entered into Agreement with Respondent No.3 Owners subject to Respondent No.3 removing all encumbrances including the claim of Century Developers Private Limited, the Petitioners and others. On 10 March 1998, the Siddhivinayak Trust, based upon a resolution, entered into an Agreement with the Petitioners and agreed to pay the compensation of Rs.2,73,50,000/within six months for surrendering of the Petitioners' right, but despite execution of the Agreement, the transaction did not fortify. The Siddhivinayak Trust again expressed their willingness to purchase the final plot with garage standing thereon in 2001. Siddhivinayak Trust, however, could not purchase Plot No. 901. Siddhivinayak Trust ultimately, wrote a letter to the Land and Revenue Ministry for acquisition of Plot No.901 (wrongly described as Plot No.905 and corrected lateron as Plot No. 901). The proposal was accordingly forwarded to the Collector, which was rejected with direction to move the proposal for acquisition under the Land Acquisition Act, 1894 (for short, "LA Act").

(3.) Report under Section 5A was submitted to Respondent No.5Additional Commissioner, Konkan Division by Respondent No.4the Special Land Acquisition Officer (for short, "SLAO"). Substantial amount was deposited accordingly. By letter dated 9 May 2002, the State Government granted approval under Clause 3 sub Clause (f) (vii) of the LA Act for acquisition of property under Mahim Division.