PADAMSI NARAYAN Vs. COLLECTOR OF THANA

JUDGEMENT

(1.) In 1915 certain lands in the village of Kerol, Taluka Salsette, in the Thana District were notified for acquisition under Act I of 1894, as being required by the Municipality of Bombay for the purpose of a terminal reservoir. One Jacob Bapuji, Deputy Collector in charge of the Salsette Taluka, was directed to take order for the acquisition of the land. He proceeded with his inquiry and on the 22 March, 1916, the following entry appears in the roznama: "Proceedings returned, award passed and sent for approval to the Consulting Surveyor through the Collector of Thana." The same day the Deputy Collector wrote to the Consulting Surveyor to Government through the Collector of Thana as follows (Exhibit 28): "Under Rule 11(3) of instructions for the guidance of Acquiring Officers I have the honour to submit herewith my proposed award for the land to be acquired for the above purpose for your approval and favour of return." On the 3 July the Consulting Surveyor wrote (Exhibit 29) objecting to the proposed award as excessive, and this was forwarded to Jacob Bapuji by the Collector for explanation before the 10 July. On the 8 July, Jacob Bapuji replied supporting his valuation, but he said : "I have made my proposal to the best of my ability. A copy of my proposals has not been field in the Collector's office, nor have they been declared to the parties interested. They can be amended by the Assistant Collector who has now taken my place, if Mr. Mirams estimates are considered correct and the award may be made final by filing a copy in the Collector's office and declaring it to the parties concerned." Mr. Cowan proceeded with the inquiry. The roznama showe that on the 11 August an award was made and filed, on the 23 August it was sent to the Collector for approval, on the 7 September it was made final and declared.

(2.) The various Survey Numbers were valued at Rs. 450, 400 and 350 per acre according to their situation. On references to the District Court the claimants contended that Jacob Bapuji had made final awards, that Mr. Cowan was not properly appointed, that he made his awards without an inquiry, based on the opinions of others and, therefore, they were void.

(3.) The Assistant Judge decided that the real and legal award was passed by Mr. Cowan.