GOVERNMENT OF BOMBAY Vs. ESUFALI SALEBHAI

JUDGEMENT

(1.) In my opinion, Macleod J, from whose decree passed upon a reference from the Collector of Bombay, under the Land Acquisition Act, this is an appeal, has taken too narrow a view of the Act, not supported either by the language and object of its provisions or the law relating to the rights of the Crown.

(2.) The question for decision arises under the following circumstances, shortly stated.

(3.) The land in dispute having been, in the opinion of Government, required for a public purpose, a declaration to that effect was published by them, and the Collector of Bombay adopted the preliminary steps and observed the formalities, required by the Act, for the compulsory acquisition of the property. The land had buildings on it. The respondent, who claimed both the land and buildings as owner, having declined the amount of compensation offered by Government on the ground of inadequacy, the Collector commenced an inquiry into the value of the property for the purpose of determining the amount of compensation payable under the Act. In the course of the inquiry the Government Solicitor, who represented Government before the Collector, put forward their claim to the land as owners and averred that, as the respondent had held it as a tenant by mere sufferance, he was entitled to compensation in respect of the value of the buildings only. The Collector took evidence and, arriving at the conclusion that Government were owners of the land, he made an award of Rs. 41,693-2-3 as. the amount of compensation payable to the respondent for the buildings. The respondent having refused to accept the award and asked for a reference to this Court, the Collector referred the matter accordingly. Macleod J.