LEELA BHAGWANSINGH ADVANI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By way of this petition, the petitioners have knocked the doors of this Court with a prayer that the respondents may be directed to release the amount payable to the petitioners in pursuance of the Award dated 30th May, 1995 passed by the Special Land Acquisition Officer, respondent No. 3.

(2.) The subject-matter of the property is plot Nos. 50 and 51, Worli Hill, Mumbai, admeasuring 3154 sq.yds. By way of a lease agreement dated 29th November, 1941 executed between the predecessor in title of the petitioners and the Governor General in Council, the suit property was given on lease with effect from 15th June, 1941, during the period of second world war and for a period of six months thereafter. A copy of the said lease agreement is at Exhibit-A to the petition. The property was taken on lease by the Defence Department of the Government of India. It is not in dispute that even though in the lease documents it is provided that the lease shall continue during the period of second world war and six months thereafter, the department continued to retain possession with it subsequently all throughout.

(3.) The property which was let out to the Governor General in Council was an open plot. As per the averments made in the petition, the Defence Department has set up a Missile Coast Battery for the purpose of defence. It is not in dispute that even till date the same is used for the said purpose.