RAJEEV KUMAR DAMODARPRASAD BHADANI Vs. EXECUTIVE ENGINEER

JUDGEMENT

(1.) The challenge in this Writ Petition is to the acquisition of land admeasuring 6685 sq.mtrs bearing Survey No.432(P), situate at Village Panchpakhadi, Tal. Thane, District Thane ('the Subject Land') by the Maharashtra State Electricity Board ('MSEB'), without complying with due process of law as stipulated under the Land Acquisition Act, 1894 ('the Land Acquisition Act'). A 22/11 KV electricity sub-station and staff quarters (for convenience, collectively referred to as the 'Sub-Station') of the Maharashtra State Electricity Distribution Company Limited ('MSEDCL'), the successor in interest of the MSEB, stand on the Subject Land. The Petitioners allege usurpation of land by reason of compensation not having been paid, and seek application of due process for award of compensation in accordance with law.

(2.) Petitioner No. 1 to Petitioner No. 4 are siblings and offspring of one Late Shri Damodarprasad Bhadani. Petitioner No. 5 is the widow of the Late Shri Damodarprasad Bhadani. MSEDCL is Respondent No. 1. After the unbundling of multiple roles of the state electricity boards pursuant to the Electricity Act, 2003, the MSEB was disbanded, with the electricity distribution activity in Maharashtra along with attendant assets including the Subject Land, vested in MSEDCL. M/s Unit Arsens Developers, a Partnership Firm, which has developed the land around the Subject Land, and had handed over possession of the Subject Land to MSEB in 1984, is Respondent No. 2. The State of Maharashtra through the Collector, Thane is Respondent No.3. Petitioners' Contentions:

(3.) It is the case of the Petitioners that a much wider parcel of land was earlier owned by the extended Bhadani Family (including the sibling of the Late Damodarprasad Bhadani and his family). Pursuant to a Consent Decree among the extended Bhadani Family dated March 19, 1971 in Suit No. 221 of 1960, the ownership and possession of the Subject Land (as part of a much larger tract of land admeasuring about 55687.78 sq. mtrs.) came to be vested in the Late Shri Damodarprasad Bhadani. The Petitioners have inherited as co-owners, various properties at Thane at Village Panchpakhadi, bearing Survey Numbers 428 to 434 and a part of Survey No.485. This includes the Subject Land [Survey No. 432(P)].