R.F.NARIMAN,J. - (1.) This matter has a somewhat chequered history.
(2.) In 1943, Government of India requisitioned 4 acres and 34 gunthas of the land owned by one Rajabahadur Bhagwandas Haridas, bearing Survey No. 120/2 (Part) of Village Malad, Mumbai, in exercise of powers conferred under Rule 75A of the Defence of India Rules, 1939. On 27.07.1949, the Collector, Thane, de-requisitioned 2.68 acres in the Survey No. 120 Part 2 out of the aforesaid 4 acres 34 gunthas. Ultimately, despite the land having first being requisitioned, a notification under Section 4(1) of the Land Acquisition Act, 1894 (hereinafter referred to as 'Act'), was issued on 24.10.1975 acquiring the aforesaid extent of 8623 square meters. A declaration under Section 6 of the Act was issued on 30.11.1978. According to the respondents herein, a Draft Award was passed under Section 11 of the Act on 23.09.1986, against which references were made, both under Section 18 and 30, of the Act. The respondents confirmed that after symbolic possession was taken on 06.01.1987 by the State, such possession has remained with the State till date.
(3.) In a proceeding that was filed, insofar as other lands in Village Malad were concerned, covered by the same section 4 notification, this Court in Kulsum R. Nadiadwala v. State of Maharashtra and Ors. (2012) 6 SCC 348, allowed an appeal by the land owner. After stating in paragraph 2 that the very same section 4 notification was issued in order that a Central Ordinance Depot for the Union of India be made for defence purposes, the judgment records that the beneficiary of these lands, being the Central Government, was served, but did not appear at the time of hearing of the appeal. The appellant in Kulsum R. Nadiadwala's case (supra) argued several points before this Court, which were resisted by the learned counsel appearing for the State of Maharashtra, basically on the ground that the writ petition should have been dismissed on the ground of delay and laches as was done by the impugned High Court judgment. After setting out Section 4 of the Act, this Court observed that the requirement that the notification under Section 4 be published in the Official Gazettee and the requirement that the Acquiring Authority should publish public notices of the substances of such notification in a convenient place or places in the locality in which the land proposed to be acquired is situate, are cumulative conditions, both being mandatory. The Court then held: - "13. In the instant case, the respondents before the High Court had filed their reply affidavit. They did not dispute the contentions of the appellants that they had not issued any public notices as required under Section 4 of the Act. They only reiterated that such notification was published in the Official Gazette. Since the mandatory requirement as required under Section 4(1) of the Act is not complied with by the respondents, while acquiring the lands in question, in our opinion, the entire acquisition proceedings requires to be declared as null and void. 14. This Court in J&K Housing Board v. Kunwar Sanjay Krishan Kaul has observed that all the formalities of serving notice to the interested person, stipulated under Section 4 of the Act, has to be mandatorily complied with in the manner provided therein, even though the interested persons have knowledge of the acquisition proceedings. This Court further observed thus: "32. It is settled law that when any statutory provision provides a particular manner for doing a particular act, the said thing or act must be done in accordance with the manner prescribed therefor in the Act. Merely because the parties concerned were aware of the acquisition proceedings or served with individual notices does not make the position alter when the statute makes it very clear that all the procedures/modes have to be strictly complied with in the manner provided therein. Merely because the landowners failed to submit their objections within 15 days after the publication of notification under Section 4(1) of the State Act, the authorities cannot be permitted to claim that it need not be strictly resorted to." 15. In view of the conclusion that we have reached on the first issue canvassed by the learned counsel for the appellants, we do not think that other issues that the learned counsel for the appellants has raised and canvassed before us need to be answered.";