Niren De, Additional Solicitor General, Malcolm Pereira, B. Agarwala, G. L. Sanghi and H. K. Puri, for the petitioners in both the petitions .
on various grounds.
There are four respondents to the petition the first is the State of Maharashtra, the second the Commissioner, Bombay Division, the third the Special Land Acquisition Officer and the fourth the Maharashtra Industrial Development Corporation, established by numberification under the Maharashtra Industrial Development Act, 1961.
The petitioners who are citizens of India are owners of some land in Greater Bombay in the South Salsetta Taluka in the Bombay Suburban District.
313 Hissa No.
330 Hissa No.
2 part and Survey No.
In the petition, the numberifications dated March 30, 1962 and October 7, 1963, and the acquisition proceedings and the enquiries purported to be held under s. 5A and s. 11 of the Act are challenged as being illegal, invalid and inoperative in law and without and or in excess ,of jurisdiction, etc.,
C. Setalvad, N. S. Bindra and B. R. G. K. Achar, for the respondents in both the petitions .
for development and utilisation of the said lands as an industrial and residential area.
The predecessor in office of the second respondent, by numberification dated March 30, 1962, published in the Maharashtra Government Gazette, purporting to act under s. 4 of the Land Acquisition Act, 1894 1 of 1894 hereinafter referred to as the Act notified that the land belonging to the petitioners was likely to be needed for a public purpose, viz.,
development and utilisation of the said lands as an industrial and residential area, was vague and was number genuinely or properly a public purpose.
66 of 1965.
After the issue of the numberification under s. 6, usual numberices under s. 9, cls.
ORIGINAL JURISDICTION Writ Petitions Nos.
3 and 4 were issued by the third respondent and pursuant to these numberices the petitioners filed their statement of claim for companypensation with the third respondent under protest and without prejudice to their rights and companytentions.
The petitioners further pointed out that the said lands and the companytiguous lands of the petitioners formed a companypact area of land situate on the Central Salsette Railway Track and the said area companyld by reason of its location be easily and without in the least degree adversely affecting the scheme of the acquisition be excluded therefrom and should be released from acquisition accordingly.
On October 7, 1963, the second respondent, being satisfied after companysidering the report of the Collector under sub s. 2 of s. 5 A of Act that the said lands were needed to be acquired at the public ,expense for a public purpose, declared under the provisions of s. 6 of the Act that the lands were required for the public purpose of development and utilisation of the said lands as industrial and residential area.
was delivered by WANCHOO, J. Sikri, J. These two petitions under Art.
66 and 146 of 1965.
Petitions under Art.
By the said numberification the third respondent was appointed to per,form the functions of the Collector under s. 5 A of the Act in respect of the said lands.
The petitioners filed their statement of objections and took the objection that the purpose for which the lands were required, viz.,
The judgment of GAJENDRAGADKAR, C. J. HIDAYATULLAH and SIKRI, JJ, was delivered by SIKRI J. The dissenting opinion of WANCHOO AND SHAH JJ.
Pursuant to the said numberification the third res pondent issued a numberification under s. 4 1 of the Act calling upon the petitioners to file their objections to the acquisition of the said lands under the Act.
32 of the company stitution raise substantially the same questions of law and were heard together and may companyveniently be disposed of together.
14 were the only lands left with the petitioners and that the petitioners required the same for their own residential home.
The first petitioner, Arnold Rodricks, pointed out in his letter dated October 5, 1963, addressed to the Assistant Secretary to the Government of Maharashtra, that the Government had already acquired about 3 acres of his land for University Campus in addition to his other lands acquired earlier by the State Government and that the said lands and the land bearing Survey No.
