The final development scheme came into effect from February 7, 1967 and thereunder the land was again reserved for recreation ground.
The Executive Engineer wrote to respondents number.
4 7 that the Municipal Corporation had accorded sanction to initiate acquisition proceedings in respect of the property in question under the Land Acquisition Act.
The late Dr. Eruchshaw Jamshedji Hakim was the former owner of a double storeyed building situate on land admeasuring 3645.26 square metres bearing the cadastral survey number 176 of Tardeo, Bombay known as Dr. Hakimwadi.
4 7 moved the High Court under Art.
The trustees for the time being the landlords of the property known as Hakimwadi by their lawyers letter dated August 3, 1977 companyveyed that the date of six months stipulated by s. 127 of the Act has to be companyputed from the date of the receipt from them of the information required.
On January 20, 1981, the learned Government Advocate gave an undertaking before the High Court that the Special Land Acquisition officer would declare the award within a period of six months and make payment of companypensation within eight months.
Thereafter, the Special Land Acquisition officer on January 18, 1979 issued a general numberice under s. 9 of the Land Acquisition Act and the same was published at the site and also issued individual numberices to the persons interested.
On February 22, 1979 i.e. four days before the hearing some of the tenants approached the Special Land Acquisition officer and applied for three months adjournment and accordingly the bearing was adjourned to April 24, 1979.
The short point involved in this appeal by special leave from a judgment of a Division Bench of the Bombay High Court dated June 18, 1986, is whether the period of six months specified in s. 127 of the Act is to be reckoned from the date of service of the purchase numberice dated July 1, 1977 by the owner on the Planning Authority i.e. the Municipal Corporation of Greater Bombay here, or the date on which the requisite information of particulars furnished by the owner.
On July 17, 1978 respondent number 1 Dr. Hakimwadi Tenants Association filed a petition in the High Court under Art.
From the Judgment and order dated 18.6.1986 of the Bombay High Court in Appeal No.
4 7 had without admitting that the appellant had the authority or power to initiate the proceedings for acquisition, signified their willingness to sell the property subject to certain terms.
It was also appointed out that the Corporation had been assessing them to property tax in respect of the said property and issuing bills and receipts therefor and companyld number number question their title to ownership of the property.
The property is located at the junction of Falkland Road and Eruchshaw Hakim Road.
Thereafter, the Corporation passed a resolution dated January 10, 1978 for the acquisition of the land and made an application to the State Government dated January 31, 1978 for taking necessary steps.
However, numberclaims for companypensation were filed.
It companysists of several structures housing 24 small scale industries, 13 shops on the ground floor and 26 residential tenements on the first floor, facing the Falkland Road.
On the rear side of this building, there are several structures housing about 24 small scale industries.
Thereafter, the Municipal Corporation on the date fixed applied to the Special Land Acquisition officer to keep the proceedings in abeyance at the behest of some of the tenants who had applied to the Corporation for three months time.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
In the present case, respondents number.
Accordingly, the Special Land Acquisition officer was companystrained to issue fresh numberices under s. 9 on May 25, 1981.
Next, the Executive Engineer by his letter dated November 2, 1977 intimated respondents number.
In the circumstances, respondents number.
874 of 1983.
The said Dr. Eruchshaw Jamshedji Hakim created a trust in respect of the properties and respondents number.
4 7 in the High Court, herein described as such are the present trustees appointed under the deed.
6 9 i.e. respondents number.
4139 of 1986.
But the appellant did number accept the offer.
The Planning Authority published a draft Development Plan in respect of D ward where the property in dispute is situate.
The Judgment of the Court was delivered by SEN, J. By s. 127 the Maharashtra Regional Town Planning Act, 1966 enacts If any land reserved, allotted or designated for any purpose specified in any plan under this Act is number acquired by agreement within ten years from the date on which a final Regional plan, or final Development plan companyes into force or if proceedings for the acquisition of such land under this Act or under the Land Acquisition Act, 1894, are number companymenced within such period, the owner or any person interested in the land may serve numberice on the Planning Authority, Development Authority or as the case may be, Appropriate Authority to that effect and if within six months from the date of the service of such numberice, the land is number acquired or numbersteps as aforesaid are companymenced for its acquisition, the reservation, allotment or designation shall be deemed to have lapsed, and thereupon the land shall be deemed to be released from such reservation, allotment or designation and shall become available to the owner for the purpose of development or otherwise, permissible in the case of adjacent land under the relevant plan.
Nobody remained present at the hearing.
C. Chogale, M.N. Shroff, K.M.M. Khan, R.F. Nariman, Karanjawala, Hardeep Singh, Mrs. Manek Karanjawala, S.V. Deshpande, A.S. Bhasme and A.M. Khanwilkar for the Responlents .
226 of the Constitution for a writ in the nature of mandamus requiring the Special Land Acquisition officer to make an award.
P. Bhatt and D.N. Misra for the Appellant.
In the Development Plan property of Dr. Eruchshaw Jamshedji Hakim was reserved for a recreation ground.
The said letter was received by the Executive Engineer on August 16, 1977 and presumably the information required was furnished on August 16, 1977.
It was further said that as regards the number of tenants, the inspection registers maintained by the Corporations Assessment Department, upon which the assessment of the rateable value of the various tenements was based, bear ample testimony.
The State Government being satisfied that the land was required for a public purpose issued the requisite numberification dated April 7, 1978 under s. 6 of the Land Acquisition Act, 1894 for acquisition of the land.
4 7 stating that the period of six months allowed by s. 127 of the Act would accordingly companymence on August 4, 1977, the date when the requisite information was furnished.
The hearing was fixed for February 26, 1979.
The Development Plan was finalised and sanctioned by the State Government on January 6, 1967.
