NUSLI N WADIA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THE petitioners, whose lands were sought to be acquired by the Central Government for respondent No. 5 seek to challenge by this petition the acquisition of their lands bearing Survey No. 504, situated at Malad.

(2.) THE petitioners are the trustees of F. E. Dinshaw Trust, which is a public charitable trust registered with the Charity Commissioner. The Trust is the owner of the land bearing Survey No. 504 (part), which is the subject matter of acquisition by respondent No. 3 in Case No. L AQ/329. The said lands were sought to be acquired for the public purpose namely for construction of staff quarters for the employees of Post and Telegraph Department being a purpose of Union of India. Since the said land was subsequently being acquired for the employees of Mahanagar Telephone Nigam Ltd. (M. T. N. L.) for construction of the staff quarters, the General Manager, M. T. N. L. has been, by amendment of the petition, added as respondent No. 5 to this petition. For the purpose of the acquisition of the land by the Central Government, section 4 Notification was issued by the Commissioner of Bombay Division, on 7th June, 1997, a copy whereof is annexed at Exhibit-A, to the petition. The said Notification was issued by the Commissioner, Bombay Division, pursuant to the Notification dated 23rd April, 1966 issued by the Department of Agriculture, Government of India, bearing No. G. S. R. 675 whereby the Commissioner had been delegated power to exercise powers under the provisions of the Land Acquisition Act on behalf of the Central Government. Thereafter section 6 Notification was issued on 19th July, 1979 by the Additional Commissioner, Bombay Division, a copy whereof is annexed at Exhibit-B to the petition.

(3.) ON behalf of the petitioners, the said acquisition was challenged on various grounds. The above petition was admitted on 8th January, 1988. Interim relief was granted in terms of prayer Clause (h) of the petition on 8th March, 1988 whereby respondent No. 3 was injuncted from proceeding with the said acquisition proceedings in respect of Survey No. 504 at Malad, i. e. the land owned by the petitioners-trust.