RELIANCE INDUSTRIES LTD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Since common questions of law and facts arise in both these petitions, they were heard together and are being disposed of by this common judgment.

(2.) The subject-matter of the Writ Petition No. 1956 of 1994 is the premises admeasuring 1478 sq. meters on the 3rd floor of the building "reliance Center" at 19, Walchand Hirachand Marg, Ballard Estate, Bombay. By order dated 23rd january, 1970 passed by the Controller of Accommodation under the provisicns of section 6 (4) (a) of the Bombay Land Requisition Act, 1948, hereinafter called as "the Requisition Act', it had requisitioned the said premises and allotted the same to Anti Corruption Bureau, Prohibition and intelligence Bureau of the government of Maharashtra and was also partly occupied by Deputy Controller of Rationing, Region-A, Department of Civil Supplies. Writ Petition No. 1679 of 1991 came to be filed by the petitioner challenging the requisition order dated 23rd January, 1970 in view of the judgment of the Supreme Court disapproving withholding of requisition property for an unreasonable period of time. Pending the sard writ petition, a notification under section 4 of the Land Acquisition Act, 1894, hereinafter called as "the said Act", came to be issued disclosing the intention to acquire entire 3rd floor premises admeasuring 167. 50 sq. meters in the suit building. Notice was also issued on 28th December, 1992 which were received by the petitioners on 2nd January, 1993 in relation to the said notification under section 4 for the purpose of inquiry under section 5a of the said Act. The petitioners took out Notice of Motion No. 45 of 1993 in Writ petition No. 1679 of 1991 seeking amendment to the writ petition to incorporate the challenge to the land acquisition proceedings. On 18th February, 1993, an addendum was issued under section 4 clarifying acquisition to be in relation to 511. 41 sq. meters of the 3rd floor. The petitioners filed their objections on 18th february, 1993. The Notice of Motion taken out in the said writ petition was disposed of with liberty to the petitioners to challenge the proceedings independently. The petitioners filed further objections to the proceedings on 5th march, 1993. The respondents issued declaration under section 6 of the said Act on 23rd June, 1994 confirming that the premises were being acquired to satisfy the need of the premises for Food and Civil Supplies Department in order to accommodate rationing office. The notice under section 9 came to be issued on 29th July, 1994 which was received by the petitioners on 2nd August, 1994. The petitioners thereupon filed "he present petition.

(3.) In Writ Petition No. 1384 of 1997, the 1st petitioner is the lessee of the land and building known as "express Building" at Plot No. 18, Block No. 1, back Bay Reclamation, Bombay, in terms of a registered Lease Deed dated 13th march, 1956 granted by the Governor of Bombay of which the 2nd floor comprises of subject-matter of the petition and the same admeasures 4500 sq. ft. in area. By order dated 25th September, 1968, the said premises were requisitioned for housing the State Government Office and allotted to the 5th respondent viz. Controller of Rationing, Food and Civil Supplies Department. Since the requisitioning of the premises was continued for unduly long period, the petitioners filed Writ Petition No. 2269 of 1992 and the same was admitted for final hearing. During the pendency of the said petition, a notification under section 4 of the said Act came to be issued on 24th December, 1992 for acquisition of the said premises describing the same to be admeasuring 325. 15 sq. meters in area (3500 sq. ft. ) being needed for Food and Civil Supplies department to accommodate the 5th respondent. The petitioners lodged objections on 29th January, 1993. Without hearing the petitioners, the report under section 5 of the said Act was submitted by the 3rd respondent to the State government and declaration under section 6 of the said Act thereupon came to be issued on 6th June, 1994 beyond the period of one year from the date of publication of the notification under section 4. Further notice under section 9 came to be issued on 29th July, 1994 but the said was not served upon the 1st petitioner. The advocate for the petitioners therefore addressed the letters dated 21st September, 1995, 28th September, 1995 and 13th December, 1995. On 3rd july, 1996, in the course of hearing of the Writ Petition No. 2269 of 1992, a statement came to be made on behalf of the respondents that the notification under section 6 was being withdrawn and the said statement was recorded by the court on the said day, while rejecting the petition as withdrawn. A fresh notification under section 4 came to be issued thereafter on 28th July, 1996 in relation to the entire premises of the 2nd floor admeasuring 345. 18 sq. meters in area (3714. 14 sq. ft. ). The petitioners filed their objections under letter dated 29th october, 1996 and requested for personal hearing, and after personal hearing given to the petitioners, the declaration under section 6 came to be issued on 17th april, 1997, followed by the notice under section 9 dated 23td July, 1997. Under the letter dated 8th August, 1997, the 1st petitioner informed the respondents that they were not aware about the declaration under section 6 and further requested for copy of the report submitted by the 3rd respondent to the Government, consequent to the inquiry under section 5a of the said Act. The petitioners thereupon filed the present petition.