The respondent repeatedly requested the State Government to take steps to remove the encroachments and to expedite the making of the award and payment of companypensation but these requests went unheeded.
On 25th March, 1981, the State Government passed orders withdrawing the lands of the respondent from acquisition under section 48 of the Act.
1803/78 in the High Court of Bombay praying, inter alia, for a Writ of Mandamus directing the State Government to make the award under section 11 of the Act and to take possession of the lands after payment of due companypensation to the respondent.
These companytentions except the last one which was left open were accepted by the High Court.
In the affidavit filed by the appellants before the High Court in the present case they have already called upon the respondent companypany to furnish details of claims, if any, regarding the companypensation claimed under section 48.
2622 of 1987 From the Judgment and order dated 6.8.1985 of the Bombay High Court in Appeal No.
139 of 1984.
Thereafter, however, numberfurther proceedings were taken.
The State Government has preferred this appeal.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The respondent was informed of this decision on the 20th of October, 1981 and an affidavit to this effect was also filed in the High Court in reply to the Writ Petition.
The State Government wants to withdraw proceedings for acquisition of lands initiated by it under the Land Acquisition Act hereinafter referred to as the Act by exercising its power under section 48 but the owner of the land is insisting that the Government should be directed to go ahead with the acquisition, taken over the lands and pay him companypensation.
This Writ Petition was allowed by a learned Single Judge of the High Court on 9.11.83 and his decision was affirmed by a Division Bench on 6th August, 1985.
L. Sanghi, D. Chandrachud and Ms. Rainu Walia for the Respondents.
The respondent thereupon filed Miscellaneous Petition No.
The reasons for this some what unusual request will become apparent a little later.
S. Desai and A.S. Bhasme for the Appellants.
The Judgment of the Court was delivered by RANGANATHAN, J. The question raised in this appeal is a somewhat unusual one.
Thereupon the respondent companypany amended its Writ Petition, challenged the withdrawal order as mala fide and included a prayer for quashing the decision of the State Government to withdraw its lands from the acquisition.
By a numberification dated 6th November, 1961, issued under section 4 of the Act, certain lands belonging to the respondent companypany were numberified for acquisition in order to accommodate housing schemes of the Maharashtra Housing Board.
In the meantime it appears that the lands were encroached upon by a large number of trespassers who put up slums thereon.
This was followed up, on 18th November, 1965, by a declaration under section 6 of the Act and, on 15th January, 1966, by numberices calling upon the respondent to put forward its claims of companypensation in respect of the land sought to be acquired.
