STATE OF MAHARASHTRA Vs. SUBHASH

JUDGEMENT

(1.) AS against an amount of Rs.6,15,978/- (Rupees Six Lakhs Fifteen Thousand Nine Hundred Seventy-Eight Only) awarded by the Land Acquisition Officer as compensation for the land acquired under the Land Acquisition Act, 1894 (for short ?the Act') for the Maharashtra Tourism Development Corporation, the land owner walked away with an amount or Rs.4,15,72,035/- (Rupees Four Crores Fifteen Lakhs Seventy-Two Thousand Thirty-Five Only) on account of the award passed in L.A.R. No.945 of 1996 and an order in Regular Darkhast No.142 of 2002, as noted by us in our interlocutory order dated 13th February, 2003 which was carried before the Apex Court and the S.L.P. (Civil) No.3774 of 2003 came to be dismissed as withdrawn on 10th of March, 2003. In Regular Darkhast No.142 of 2002 he was directed to be paid an additional amount of Rs.2,32,60,845/- by order dated 25th April, 2002 and this order has been stayed in Writ Petition No.4553 of 2002 by this Court.

(2.) THESE appeals have brought in question the legality of the award passed by the learned Joint Civil Judge, Senior Division at Aurangabad on 5th of October, 1999. The Land Acquisition Officer had fixed the market value at the rate of Rs.300/- per Are or Rs.30,000/- per hectare (Rs.12,000/- per Acre) for the entire subject land and the Reference Court classified the said land in three different categories and fixed the market value at the rate of Rs.11.82 Ps. (Rupees Eleven and Paise Eighty-Two Only) per square foot for 10 hectares and 95 Ares, Rs.2,000/- per Are for 7 hectares and 24 Ares and Rs.1,200/- per Are for 2 hectares and 73 Ares of land.

(3.) PROFILE OF THE CLAIMANT : The claimant Shri. Subhash s/o. Laxman Patwardhan claims to be an industrialist from Panvel and he ventured to purchase agricultural land located in Gat Nos.67, 68 and 69 to the extent shown herein above at the rate of Rs.4,000/- to Rs.5,000/- per Acre or Rs.10,000/- to Rs.12,500/- per hectare sometimes in May, 1982. Village Fardapur is located at a distance of more than 450 Kms. from Panvel, 100 Kms. away from Aurangabad and he claimed that the said land was purchased to start food industry of Banana powder for which he had formed a company by name M/s. Wardhman Nutritions and Chemical Private Limited. Land in Gat No.67 to the extent of 2 hectares 73 Ares was purchased from the ownership of Abdul Majid s/o. Abdul Raheman for an amount of Rs.15,000/- vide sale deed dated 11th May, 1987, land in Gat No.68 to the extent of 5 hectares 99 Ares was purchased from Smt. Salimabi w/o. Abdul Majid and Abdul Majid s/o. Abdul Raheman for an amount of Rs.20,950/- vide sale deed dated 17th May, 1982, whereas land in Gat No.69 admeasuring 7 hectares and 44 Ares was purchased from Majid s/o. Ajmer Khan for an amount of Rs.37,200/- vide sale deed dated 17th May, 1982. So far as the land in Gat No.93 is concerned one Shri. Vilas Keshav Dixit had purchased 2 Hectares and 5 Ares from Shri. Yusuf Khan s/o. Abdul Khan vide sale deed dated 10th September, 1982. M/s. Wardhman Hotels Private Limited, through the present claimant, purchased the said land for an amount of Rs.15,000/- vide sale deed dated 5th May, 1987. Additional land admeasuring 2 hectares and 71 Ares was purchased by M/s. Wardhman Hotels Private Limited through the present claimant from Yusuf Khan s/o. Abdul Khan for an amount of Rs.30,375/- vide sale deed dated 11th May, 1987. Mutation entries were accordingly carried out. While in the witness box before the Reference Court the claimant, on oath, stated that his occupation was business and if that be so he could not have purchased the agricultural land in Gat Nos.67 to 69 without prior permission in writing from the Collector in view of the provisions of section 47 of the Hyderabad Tenancy and Agricultural Lands Act, 1950. Similarly, land in Gat No.93 could not have been purchased by M/s. Wardhman Hotels Private Limited unless such an advance permission was obtained from the Collector. It appears that the Revenue Officers did not pay attention to this aspect and they mutated the claimant's name in the 7/12 extract. The entire land of 40 Acres from three survey numbers was purchased in his individual name. He was aware of the acquisition much before the section 4(1) notification was issued by the Land Acquisition Officer. He had submitted a letter on 11th December, 1989 to the Manager of the Maharashtra Tourism Development Corporation stating that he was the owner of the land located in Gat Nos.67, 68, 69 and 93 of village Fardapur to the extent indicated above and he had come to know about the proposed acquisition. He wanted the Corporation not to deal with any one else if the land standing in his name was sought to be acquired and all the correspondence was requested to be addressed to him. On 14th December, 1989 he had personally called on the Manager of the Maharashtra Tourism Development Corporation, further to the said letter. Though the Land Acquisition Officer passed the final award on 22nd July, 1993 (Exhibit-14), the claimant was successful in receiving an amount of Rs.2,09,200/- purportedly 80% amount in advance on 4th September, 1991 by executing an agreement on the same day with the Special Land Acquisition Officer and he signed a receipt for handing over possession along with the agreement notwithstanding the fact that the Land Acquisition Officer had not invoked his powers under section 17 of the Act. He claims that he formed another company called M/s. Wardhman Tours and Transport Private Limited and M/s. Wardhman Hotels Private Limited for starting business by putting up a three star hotel on Gat No.93 and, therefore, land from the said Gat number admeasuring 4 hectares and 76 Ares was purchased in the name of M/s. Wardhman Hotels Private Limited. While in the witness box, before the Reference Court, he stated that he had the copies of registered sale deeds in respect of these lands and would submit as and when called upon. The learned counsel appearing for him before us agreed to submit the copies of the sale deeds duly registered and ultimately submitted the copies of the sale deeds in respect of the land in Gat No.93 only. These sale deeds are not registered and it is not known whether the sale deeds in respect of the land in Gat Nos.67 to 69 which he claims to have purchased, have been registered though the mutation entries have been effected in his name and in the name of M/s. Wardhman Hotels Private Limited, as the case may be. He is a person who had very close and influential contacts not only with the officials of the Maharashtra Tourism Development Corporation but also with the revenue officers like Talathi, Tahsildar and others from the Collectorate at Aurangabad. He submitted a single application under section 18 of the Act in respect of the lands located in Gat Nos.67 to 69 and Gat No.93, though the land admeasuring 4 Hectares 76 Ares and from Gat No.93 was purportedly owned by M/s. Wardhman Hotels Private Limited, a company incorporated under the Companies Act, 1956 on 22nd February, 1983 with its registered office at Panvel in Raigad district and no separate application was submitted, at any time, under section 18 for or on behalf of the said company in respect of the land in Gat No.93 and without verifying the respective ownership the Collector referred the said application to the Court below.