DEPUTY COLLECTOR Vs. BYRAMJEE JEEJIBHOY PVT. LTD.

JUDGEMENT

(1.) This present Land Acquisition Reference (LAR) has been filed under Sec. 30 of the Land Acquisition Act, 1894 (the said Act) for determination of the apportionment of the compensation awarded by the Special Land Acquisition Officer (SLAO).

(2.) This reference pertains to the land situated at village Bandivali, Tal. Andheri, bearing CTS No. 249 Part, 249/1 to 14, 15 to 24, admeasuring. 785.9 sq mtrs. The said land was acquired by Municipal Corporation of Greater Mumbai (MCGM) for construction of a rail overbridge. In the award, the SLAO recorded that Claimant No.1 ("C-1") is the owner of the land. However, he erroneously noted that the land was leased to Claimant 1A to Claimant 5, while Claimants 6 to 8 also claimed ownership without producing proof. The supposed lease entry was based on an incorrect revenue record which was subsequently rectified.

(3.) Consequently, Claimant No. 1, who acquired the land under a duly registered indenture dtd. 21/7/1951 and was in possession at the time of acquisition, is the exclusive owner.