LADHA EBRAHIM AND CO Vs. ASSISTANT COLLECTOR

JUDGEMENT

(1.) In the year 1906-.the Government of Bombay took action to acquire by the machinery of the Land Acquisition Act, 1894, Part of Surway No. 29 of Nisbat Manjre in the Poona Collectorate with the Buildings thereon.

(2.) The land, the subject of the acquisition, was registered in the Revenue records as Maharki Vatan. It was in the occupation of Messrs. Ladha Ebrahim and Co., to whom the buildings erected upon it admittedly belonged.

(3.) On the 19 of March the Assistant Collector passed an award whereby he awarded to Messrs. Ladha Ebrahim & Co., for the buildings Rs. 10,777 and to the Mahars collectively, who claimed to be interested as Watandars, Rs. 4,508 for the land. He directed that the latter sum should be credited in the Government Treasury in the names of the Mahar claimants and that the interest accruing thereon should be paid to them by the Mamlatdar. There is nothing to indicate that this was under any arrangement come to with the Mahar claimants under Clause (4) of Section 31 of the Land Acquisition Act but for the purposes of this judgment we will assume that these directions were not ultra vires.