HIMALAYAN TILE AND MARBLE PVT LTD Vs. FRANCIS V COUTINHO

JUDGEMENT

(1.) THIS is an appeal by the third respondent to a Miscellaneous Petition in which were challenged certain proceedings for the acquisition of land.

(2.) THE three petitioners who are brothers were the owners of survey Nos. 6/3, 8/1, 9/1 and 9/2 at village Majas Mogra, Jogeshwari, Bombay admeasuring 2 acres. The Himalayan Tile and Marble (Private) Ltd. , the Respondent No. 3 in the Petition are the appellant before us, They carried on the business of manufacture and sale of artificial marbles and tiles. They have a factory on the land adjoining the land of the original petitioners. Some time in 1957 or 1958 at the instance of the third respondents and for their purposes the law was set in motion for the acquisition of the petitioners' lands. On 7th of January 1953 a notification under Section 4 of the Land Acquisition Act was issued and a separate notice thereafter was also issued by the Land Acquisition Officer, to the 1st and the 2nd petitioners. It was alleged on behalf of the petitioners that no notice was served upon the 3rd petitioner. On the 31st of December 1959, the Land Acquisition Officer, similarly issued a notification purporting to be under Section 6 of the Act. According to the petitioners a notice was also issued but was served on the 1st petitioner only on the 25th of January 1960. The acquisition proceedings went on and an award came to be made on the 11th of April 1961 under Section 12 of the Act. It was published in the State Gazette on the 18th of April 1961. On the 11th of December 1961 a letter was written on behalf of the Government, the 1st respondent in the petition, threatening to take possession of the land acquired and soon after on the 12th of January 1962 the present petition, out of which the appeal arises, was filed on the Original Side of this Court.

(3.) THE purpose of the acquisition as stated in all the notifications is under Section 6 or Section 4 was stated as follows:-- "public purpose for which the land is needed for Himalayan Tiles and Marble Pvt. Ltd. ".