UNION OF INDIA Vs. MEHER RUSI DALAL

JUDGEMENT

(1.) M. B. Shah, C. J. Petitioner No.1 - Union of India and Petitioner No.2 - defence Estates Officer at Colaba, Bombay, have filed this Petition challenging the Award passed under the Land Acquisition Act by respondent No.4-Special Land Acquisition Officer, Maharashtra Housing and Area Development Authority, on 30th May, 1995. It is their contention that the impugned award granting compensation of Rs. 9,20,51,175/- at the rate of Rs. 7,500/- per sq. ft. for the Plot bearing No.53-A situate at Worli in Greater Bombay admeasuring 848. 67 sq. mtrs. is, on the face of it, illegal, arbitrary and hence it may be quashed and set aside.

(2.) IT is the contention of the Petitioners that the Municipal Corporation of Greater Bombay-Respondent No.3, is the owner of several plots of land, including plot Nos. 53-A and 53-B situate at Worli, Bombay. The Respondent No.3 granted the lease of the land admeasuring 848. 67 sq. mtrs. , bearing Plot No.53-A of the Scheme No.52, Worli Estate for a nominal lease rent of Re. 1/- per year to one Jerbanoo, the predecessor of the Respondent No.1, for 999 years on the terms and conditions contained in the Indenture of lease. Some time in the month of March, 1941, the Commanding Officer, head quarters, Bombay requested for the lease of the said land and pursuant to the negotiations the land was let out to the petitioners at the rate of Rs. 1,903. 20 per annum. The possession of the land was handed over to the petitioners on 15th June, 1941. Since then the Petitioners continued to hold the said land as a lessee and the navy is using it. The rent is being paid to the Respondent No.1 and was paid upto 30th June, 1994.

(3.) THE Notice of Motion No.156 of 1996 is taken out on behalf of Respondent No.1 in Writ Petition No.1733 of 1994 (disposed of matter) for a direction that the Respondents be directed to make payment in terms of award and to issue show cause notice for delay in making payment in terms of the Award. That Notice of Motion was taken out on 9th April, 1996.