SPECIAL LAND ACQUISITION OFFICER Vs. STATE

JUDGEMENT

(1.) THESE three land acquisition references are in respect of acquisition of the same land and are thus disposed of by the common judgment.

(2.) SOME of the material facts, briefly enumerated are as under: -

(3.) A proposal was forwarded on 13.4.2000 by the Acquiring Body which is Mazgaon Docks Limited to the Additional Collector, Bombay Suburban District for acquisition of the said land. The area of 22073.73 sq mts. forming part of the aforesaid four C.T.S. Nos. was proposed to be acquired. In respect of the said land, the Bombay Port Trust is claiming to be the owner whereas the claimant No.1 i.e. Scindia Works Limited is claiming to be the lessee of the substantial part of the land and owner in respect of four small portions of the land. The State Government had also initially staked claim as an owner in respect of the said property. The Land Acquisition Officer has given his award-dated 29.5.1991. Thereafter an amended award came to be passed on 25.6.1991 bifurcating therein the awarded amount between claimant No.1 namely Scindia Works Limited as a lessee and the claim of the Bombay Port Trust as the owners of the land. The Claimant No.1, namely Scindia Works Limited has filed a reference under section 18 of the Land Acquisition Act for enhancement of the amount. The claimant No.2 namely Board of Trustees of the Port of Bombay has also filed a reference under section 18 of the Land Acquisition Act for enhancement of the amount. The State Government has filed a reference under section 30 of the Land Acquisition Act inter alia contending that the apportionment of the compensation has been wrongly shown between the claimant No.1 and 2 and the State Government has also raised claim in the said compensation as owner thereof. Thus, the State Government’s rights are also required to be determined under section 30 of the Land Acquisition Act.