UNION OF INDIA Vs. MOHAMMED MASUD MOHAMMED

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 and the cross appeal arise from the award dated 23rd June, 1993 passed by the Reference Court of Raigad at Alibag in the Land Acquisition Reference No.184 of 1986 which is a common award by which the Reference Court has disposed of 79 land acquisition reference cases. The appellants in First Appeal No.455 of 1994 are the respondents in First Appeal No.741 of 1995 and are hereinafter called as "the Government", and the appellants in First Appeal No.741 of 1995 are the respondents in First Appeal No.455 of 1994 and are hereinafter called as "the claimants" .

(3.) The land acquisition proceedings under the Land Acquisition Act, 1894, hereinafter called as "the said Act", commenced with the publication of notification dated 3rd February, 1970 under Section 4 of the said Act followed by a declaration under Section 6 issued in the month of May, 1972. However, the said notification and the declaration were cancelled on 26th February, 1973 and fresh notification under Section 4 of the said Act came to be issued on 26th February, 1973 followed by declaration under Section 6 thereof on 11th December, 1975, 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 No.205 and admeasurs 67 acres, 25 gunthas and 12 ares and is situated in the village Sheva, Taluka - Uran, District - Raigad. The notice under Section 9 of the said Act came to be issued on 31st October, 1983 which was replied by the claimants on 21st November, 1983. The award under Section 11 of the said Act came to be declared on 29th September, 1984 whereby the claimants were held to be not entitled for any compensation since the owner of the land in question is the Union of India. Meanwhile, the some of the claimants had filed Civil Suit No.54 of 1984 against the Union of India and the State of Maharashtra in the District Court, Alibag, for a declaration that the claimants were the owners of the land and for injunction. Consequent to the declaration of award, the claimants preferred a reference application under Section 18 of the said Act on 12th November, 1984 which was registered as the Land Acquisition Reference No.184 No.1986. Meanwhile, on 9th October, 1984, the claimants had filed Writ Petition No.4283 of 1984 challenging the notification and the award. The said writ petition was rejected on 5th/6th August, 1985. The Special Leave Petition No.12620 of 1985 against the said order of dismissal of the writ petition was also dismissed by the Apex Court on 9th December, 1985. Thereafter, by an order dated 25th March, 1987, the reference court rejected the application for joinder of salt department of the Government of India as the party to the land acquisition proceedings. The same was challenged in the Writ Petition No.2875 of 1987 which petition came to be disposed of by a consent order on 21st August, 1987 by which the Union of India was added as the party to the reference proceedings. 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 cost of construction along with the other statutory benefits. The matter came up in appeal before this Court filed by both the parties, i.e. by the claimants for enhancement of compensation and by the Government for quashing the award. On 26th July, 1994, an application was made for joinder of JNPT as the party to the proceedings in appeal. 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 sought to be challenged in the Supreme Court by way of Special Leave Petition which came to be disposed of on 27th July, 1995 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, 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 matters were carried in appeal to the Apex Court which were disposed of by the order dated 14th February, 2002 setting aside the judgment of our High Court with direction to decide each matter separately in accordance with the law, 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.