JETHMAL DHANJI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This is a petition under Article 226 of the Constitution of India praying for a writ, direction or order directing the respondents to declare an award in respect of a plot of land situated at Kandivli, Bombay and to pay to the petitioner the compensation payable under the award.

(2.) The petitioners are the owners of a plot of land situated at Kandivli admeasuring approximately 3986.1 sq. metres. I purpose to refer to this plot hereinafter as "the said plot". Respondent No. 1 is the State of Maharashtra, respondent No. 2 is the Special Land Acquisition Officer (7), Bombay and Bombay Suburban District and respondent No. 3 is the Municipal Corporation of Greater Bombay.

(3.) There is no controversy as regards the material facts necessary for the disposal of this petition. Sometime prior to 1965 respondent No. 3 made a Development Plan for Greater Bombay and the same was sanctioned by the Government of Maharashtra as for as the R-Ward is concerned. The said plot is situated in the R-Ward. The said Development Plan for the R-Ward showed that the said plot was reserved for a public purpose viz. for a playground, a welfare centre and a thirty feet wide development road for respondent No. 3. Thereafter several representations were made for and on behalf of the petitioners for the release of the said plot from the said reservations but the said representations were rejected. On 10th June, 1971 the petitioners served a purchase notice on respondent No. 1 under section 49 of the Maharashtra Regional and Town Planning Act, 1966 (hereinafter referred to as "the said Town Planning Act") requiring respondent No. 3 to purchase their interest in the said plot. The said notice was confirmed by respondent No. 1 under section 49(4) of the said Town Planning Act on or about 13th August, 1971. It is not disputed that within one year of this confirmation the appropriate authority made an application to acquire the said plot. Thereafter respondent No. 1 issued a notification dated 5th November, 1973 under section 151 read with sections 126 and 49 of the said Town Planning Act along with the provisions of section 6 of the Land Acquisition Act, 1894, (hereinafter referred to as "the said Land Acquisition Act") declaring that the said plot was required for the said public purpose. The said notification appointed the then Special Land Acquisition Officer (7), Bombay, to perform the functions of the Collector for all proceedings to be taken in respect of the said plot. This notification was duly gazetted and one S.M. Kasbekar, Special Land Acquisition Officer (7) commenced proceedings in respect of the said plot under section 9 of the said Land Acquisition Act and invited claims on or about 18th January, 1974. In response to the notice issued by the said Kasbekar, the petitioners filed statements of claim before him. The petitioners were given a hearing by the said Kasbekar. As considerable delay took place thereafter in declaring the award, the petitioners Advocate approached the said Kasbekar in this connection. By his letter dated 19th June, 1975 the said Kasbekar informed the said Advocate that the draft award in respect of the said plot prepared by him had been approved by respondents Nos. 1 and 3 and that the award would be declared by him on receipt of the funds from respondent No. 3, being the acquiring body. In February 1976, respondent No. 3 issued a cheque to respondents Nos. 1 and 2 for the amount of compensation payable under the proposed award. The said Kasbekar was succeeded in his office by one G.R. Nagvekar and thereafter by respondent No. 2. On 17th February ,1976 the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred to as "the said Urban Land Act") came into force with effect from that date. On 7th July, 1976 a circular was issued by the Revenue and Forests Department of the Government of Maharashtra purporting to give certain clarifications regarding the impact of the said Urban Land Act on land acquisition proceedings. I shall come to this circular in some detail a little later. By their Advocates letter dated 25th February, 1977 addressed to the respondents, the petitioners set out the facts and called upon the respondents to forthwith declare the award in respect of the said plot. Respondent No. 2 by his reply dated 5th March, 1977 addressed to the said advocates stated that the cheque was received from the acquiring body, respondent No. 3, and duly credited. He further stated that as per the Government circular dated 7th July, 1976 in view of the said Urban Land Act, the case had been referred to the competent authority by his office latter dated 10th November, 1976 and that further action would be considered after receipt of orders from them.