BANSRAJIDEVI Vs. BYRAMJEE JEEJEEBHOY PVT LTD

JUDGEMENT

(1.) This petition filed under Article 227 of the Constitution impugns the order passed by the Deputy Collector (Appeals) on 12/6/1986 and duly confirmed by the Additional Divisional Commissioner, Bombay Division in Revision Application No.72 of 1986 filed under Section 257 of the MLR Code, on 19th February 1988. The long chequered history of this petition requires to be noted as under:

(2.) The present respondent no.1 holds some lands in Oshiwara, a part of the area of Bombay Municipal Corporation and about 190 acres of the said company's land was sought to be acquired by the State Government as per the notification issued under Section 4 of the Land Acquisition Act, 1894 on 22nd April 1960. There was some typographical error in this notification and, therefore, corrected notification was issued on 27/6/1960. Even in this notification the land sought to be acquired from Survey No.41(Part) was not properly described and, therefore, another notification was issued on 11/6/1966, though the notification under Section 6 of the Land Acquisition Act was published on 15th January 1966 and consequent to this amendment another notification under Section 6 came to be issued on 11/6/1966. After hearing the parties the Land Acquisition Officer passed his award on 28th May 1971 and it is evident from the said award that the respondent no.1 - company had appeared before the Land Acquisition Officer and claimed compensation at the rate of Rs.5 to Rs.20/- per square yard and the last such representation was dated 24/12/1970. The present petitioners' predecessor Bhuvalsingh also claimed compensation at the rate of Rs.20/- per square yard in respect of 27 acres of land from Survey No.41(Part) by way of loss of agricultural income in asmuchas he claimed that he was growing grass for the last six years and in addition he claimed compensation for the structures at the rate of Rs.5,00,000/-. As per him there were 17 structures on the land in Survey No. 41 (part).

(3.) While these proceedings under the Land Acquisition Act were pending for passing the award, Shri Bhuvalsingh filed an application with the Talathi, Taluka Andheri requesting him to transfer 28 acres of land from Survey No.41 of Oshiwara village in his name as a holder and he claimed that he was in possession of the said land since 1950. There is no dispute that one acre land from Survey No.41 was given to Bhuvalsingh by the respondent no.1-Company on lease and Bhuvalsingh further claimed that remaining 27 acres of land was cultivated by him for growing grass and the respondent no.1 at no point of time objected to this activity and that is how he was holding the said 27 acres of land as well right from 1950 and the respondent no.1 did not object to the same at any time nor did it take any steps for seeking possession of the said land. The Tahsildar, Andheri by his order dated 30/4/1971 declined to entertain his claim and he was of the view that the claim was in respect of the ownership by adverse possession which issue was required to be decided by the competent Court. Another order was passed on 4/11/1972 to the same effect and Bhuvalsingh, therefore, filed an appeal before the SDO, Bombay Suburban District and this appeal was dismissed on 18/3/1973. Revision application filed before the Division Commissioner, Bombay was decided on 13/4/1976 and Bhuvalsingh's application was remanded for fresh hearing by the Deputy Collector (Appeals). On remand the Tahsildar, Andheri by his order dated 10/10/1981 allowed his application in terms of the following order: