- (1.) This is another of the several matters which have recently came before this Court involving complete and shocking disregard on the part of the Government and its officials, of the rights of not only the citizens but also of Public Charitable Trusts, whose interest they are bound to protect. I have only today a little earlier disposed of another matter showing a similar behaviour of the State Officials, Not only does this matter disclose such a shocking behaviour on the part of the State but what is more pernicious is the attempt to oppose the highly just claims on hyper technical grounds which are dealt with later in this judgment.
(2.) The land of the petitioners consisting of Survey No. 292 Hissa No. 1, which is same as S. No. 292A of village Kurla was proposed to be acquired as per notification issued under Section 4 of the Land Acquisition Act, 1894 published in the Bombay Government Gazette dated 18-6-1953. Almost simultaneously the physical possession of the land was taken by the respondents. After the issue of a notification under Section 6 dated 30-7-1953 and necessary notices under Sections 9 and 10 dated 31-8-1953 the petitioners filed their claim for compensation on 23-11-1953 claiming a sum of RS. 2,86,592-00.
(3.) In the meantime an Act which is known as Salsette Estates Abolition Act was passed abolishing certain type of grants under which the lands were held. Petitioner's lands also were sought to be covered by the said Act. Disputes arose about the validity and also the effect of the said Act resulting in a suit in this Court being Suit No. 921 of 1654 filed by the petitioner against the 1st respondent and on 2-5-1963 a consent decree was passed. Relevant provisions whereof are as follows: "This Court by and with such consent doth further declare that it is agreed as aforesaid, that as regards such of the lands described in Schedule I hereto as have been acquired, that as under the provisions of the Land Acquisition Act, 1894, the plaintiffs are entitled to receive compensation in respect thereof as the "owners" of the said land and that the first defendant shall direct the proper Acquisition Officer to hold an enquiry according to the provisions of the Land Acquisition Act, 1894, and award and pay to the plaintiffs such compensation as may be payable to the plaintiffs according to law". It is understandable that during this period of about ten years no proceedings were taken for the purpose of making award as required by law.;