SHASHIKANT SADASHIV BAGWE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) ALL these four petitions filed under Article 226 of the Constitution of India can be conveniently disposed of by common judgment as the issues raised in these petitions are identical and inter-related. The facts to be set out hereinafter would bring into focus the contentions urged in support of the reliefs sought in the petitions.

(2.) SHASHIKANT Sadashiv Bagwe, petitioner in Writ Petition No. 1919 of 1987 along with his brothers is owner of property bearing Survey No. 173/c, City Survey Nos. 3627 to 3631 known as "bagwe Mansion" which is situated on Mahatma Gandhi Road, Ghatkopar (West), Bombay. The Municipal Corporation of Greater Bombay decided to widen the road to meet the growing traffic in this busy locality. On March 8, 1966, the Government of Maharashtra sanctioned Development Plan for "n" Ward in which the property in dispute is situated. The plan came into force with effect from April 9, 1966 and it is not in dispute that the property is designated or reserved in the Plan for the purpose of road widening. The Municipal Corporation passed Resolution on October 8, 1973 providing that the road should be widened to make it 60 road.

(3.) THE Special Land Acquisition Officer published declaration under sub-section (4) of section 126 of the Maharashtra Regional and Town Planning Act, 1966 (hereinafter referred to as the Act) to the effect that the State Government is satisfied that the land included in the plan is needed for public purpose. The notification was published in the Government Gazette on September 8, 1983. Chapter VII of the Act provides for land acquisition and section 126, inter-alia, provides that in respect of lands reserved in the plan for a public purpose, the declaration in the Official Gazette is equivalent to the publication of notification under section 6 of the Land Acquisition Act. In pursuance of the declaration under section 6 of the Act, on June 7, 1984, the Land Acquisition Officer served notices on the occupiers in accordance with sub-section (3) of section 9 of the Land Acquisition Act. After compliance with the other provisions of the Land Acquisition Act, Award was declared on September 22, 1986. The Land Acquisition Officer then served notices under section 12 (2) of the Land Acquisition Act on the occupiers on December 19, 1986. After service of the notice, some of the occupiers have filed petitions under Article 226 of the Constitution and these petitions are Writ Petitions Nos. 59, 68 and 76 of 1987. By these three petitions, the occupiers are challenging the validity of the Award. Some of the other occupiers had filed Writ Petition No. 1541 of 1989 but that petition was summarily dismissed by learned Single Judge by order dated June 7, 1989. Appeal No. 645 of 1989 preferred before Division Bench of this Court was withdrawn on August 8, 1989 and undertaking was given to hand over possession to the Corporation as soon as the Corporation demands the same. Writ Petition No. 1919 of 1987 is filed by the landlord Bagwe seeking writ of mandamus directing the Land Acquisition Officer to take possession and make payment of compensation in respect of the property acquired under the Award. As the dispute in the petition is inter-connected, all the petitions are heard together.