SPECIAL LAND ACQUISITION OFFICER Vs. KARO KUMARI MAKER

JUDGEMENT

(1.) THIS order will dispose of the Reference application under Section 18 of the Land Acquisition Act, 1894 in relation to the two structures standing on C. T. S. Nos. 452 and 453, along with the land underneath the said structures admeasuring 5,000 sq. yards.

(2.) BRIEFLY stated, the Deputy Municipal Commissioner, (Improvements)Bombay Municipal Corporation in his letter dated 9-8-1972 addressed a proposal to the Commissioner Bombay Division, Bombay for acquisition of land admeasuring about 26,815 sq. mtr. at village Vile parle, Tahsil Andheri, District Bombay Suburban bearing C. T. S. No. 439 to 442, 447 and 451 to 453 and 454a and 444 Part. The proposal to acquire aforesaid land was for public purpose, namely, for Municipal school, garden, medical college and road. The said land was already notified for reservation in terms of the provisions of the Maharashtra regional Town Planning Act, 1966. The Deputy Municipal commissioner, therefore, requested for issuance of notification under section 6 of the Land Acquisition Act, read with Section 126 of the m. R. T. P. Act on 15-12-1972. Thereafter individual notices were issued to the owners of the land as well as occupants including tenants therein. After due enquiry, the Special Land Acquisition Officer (7)Bombay, and Bombay Suburban District, has passed the Award.

(3.) DURING the enquiry, the predecessor of the claimants before this court asserted that she was owner in respect of land underneath two structures referred to above standing on C. T. S. Nos. 452 and 453. Insofar as claim of ownership of the land underneath the structures, the Special Land Acquisition Officer, on scrutiny of the documents on record, found that the predecessor of the original claimant had purchased only the structures from the custodial department in the public auction held by the Deputy Custodian of the evacuee property. The land Acquisition Officer, accordingly, rejected the claim of the predecessor of the claimants insofar as entitlement to compensation for the land. On the other hand, found that the land was owned by one pushpa I. Bhatia and, therefore, provided for compensation in respect of the land to said Smt. Pushpa Bhatia. Insofar as the claim regarding two structures in question, the case of the predecessor of the claimants was to compensate in the sum of Rs. 1,40,000/ -. The Land acquisition Officer however, has found that the structures were purchased by the husband of the original claimant from custodian department in public auction on 29-8-1960 for Rs. 25,500/- only. The structures are made of stone/brick masonry in lime mortar. It has a mangalore tiled roof. From the records, it was noticed that the area of the one structure admeasured 30 ft x 18 ft x 10 ft = 5400 Cubic Feet and that of the second structure admeasured 60 ft x 58 ft x 10 ft = 10,800 Cubic Feet. The land acquisition Officer accordingly took aggregate area of two structures as 16,200 cubic feet. The Acquiring body had suggested the compensation for the said structures at the rate of 0. 10 ps. per cubic ft. being demolition value therefor. The Land acquisition Officer however, was of the view that the said offer was very low and instead awarded compensation at the rate of 0. 25 ps per cubic feet towards demolition value of the structure. The total amount awarded to the predecessor of the claimants in respect of the two structures towards demolition value of structures is Rs. 4050/- only.