UNION OF INDIA Vs. MOINUDDIN MALIK YUSUF THAKUR

JUDGEMENT

(1.) Heard at length the learned advocates for the parties. Perused the records as well as written submissions. We have also gone through the various statutory provisions referred to in the course of arguments as also all the decisions relied upon by the learned advocates in their oral as well as written submissions.

(2.) The appeal arises from the award dated 23rd June, 1993 passed by the Reference Court of Raigad at Alibag in the Land Acquisition Reference No.414 of 1986 which is a common award by which the Reference Court has disposed of 79 land acquisition reference cases. The appellants are hereinafter called as "the Government" and the respondents are hereinafter called as "the Claimants".

(3.) Undisputedly the land acquisition proceedings under the Land Acquisition Act, 1894 , hereinafter called as "the said Act", commenced with the publication of notification under Sec. 4 of the said Act followed by a declaration under Sec. 6 proposing to acquire "all leasehold and other outstanding interests in the lands owned by the Central and the State Governments specified in the schedule appended to the said notification and which were occupied and used for manufacture of salt". The land referred to in the notification and the declaration bears Survey Nos.292 and 293 and admeasures 21 Acres and 10 Gunthas, and 16 Acres, 25 Gunthas and 4 Annas, respectively, and is situated in the village Jaskhar, Taluka - Uran, District - Raigad. The award under the said Act was declared on 30th October, 1984 whereby the claimants were held to be not entitled for any compensation since the owner of the land in question is Union of India. Consequently, the claimants preferred reference application under Section 18 of the said Act which was registered as the Land Acquisition Reference No.414 of 1986. By the common award dated 23rd June, 1993, the reference court held the claimants to be the owners of the land and granted compensation at the rate of Rs.15,000/- per acre and Rs.5,000/- per acre as the costs of construction along with the other statutory benefits. The matter came up in appeal before this Court. In the appeal, this Court granted stay of execution of the proceedings subject to the condition of depositing the entire amount of compensation awarded by the reference court. The said order was modified by the Supreme Court in the Special Leave Petition whereby the State Government was directed to deposit 1/4th of the amounts awarded by the reference court within three months and the claimants were permitted to withdraw the same against the security and at the same time, and the JNPT was ordered to be impleaded as the party to the proceedings. The appeals before this High Court were disposed of by the common judgment dated 9th, 10th and 11th September, 1996 thereby holding that the ownership of land vested with the Union of India, however, the claimants to be given compensation on account of their occupation for long time and it was fixed at Rs.12,000/- per acre in addition to Rs.5,000/- per acre as cost of construction along with other statutory benefits. The Apex Court set aside the said common judgment and directed by its order dated 14th February, 2002 to decide each matter separately, while leaving the questions of law open to be raised by either parties. The review petition filed by the Government in relation to the said order of the Apex Court was rejected on 20th August, 2002.