UNION OF INDIA Vs. MANECKABAI DOSSABHOY

JUDGEMENT

(1.) HEARD at length the learned advocates for the parties. Perused the records as well as written submissions. We have a so gone through the various atutory 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 at Raigad, alibag, in the Land Acquisition Reference No. 64 of 1988 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.) 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. 83 and admeasures 12 Acres and 39 Gunthas and is situated in the village Sonari, taluka - Uran, District - Raigad. The award under the said Act was declared on 13th January, 1986 whereby the claimants were held to be not entitled for any compensation since the owner of the land in question is Union of India. Rest of the facts are similar to those in the matter of F. A. No. 455 of 1994.