Rambhau Yashwantrao ... vs Union Of India (Uoi) Through Its ...
2002 Latest Caselaw 759 Bom

JUDGMENT

V.M. Kanade, J.

1. The petitioners are seeking an appropriate writ and direction from this Court under Articles 226 and 227 of the Constitution of India, directing the respondents to restore the possession of the land which was acquired by the respondents by virtue of an award dated 14-10-1949. The petitioners are seeking this direction on the ground that the land has not been used for the purpose for which it was acquired.

2. The brief admitted facts of the case are; that on 14-10-1949 the land admeasuring 27.66 acres owned by late Yashwantrao Chinchamalatpure was acquired by the Land Acquisition Officer by passing an Award on 14-10-1949. The said land was acquired by applying an urgency clause and thereafter the possession was taken by the respondents. The land in question was acquired for the Radio Range of Civil Aviation Department of the respondent No. 1.

3. It is the case of the petitioners that though the land was acquired by applying urgency Clause, the land was not put to any use and for the period of 47 years, the land has remained barren. Since the land was not used for the purpose for which it was acquired, the Director General Civil Aviation informed the petitioner No. 1 vide letter dated 29-4-1961 that the Directorate of Civil Aviation was not interested in the land in question.

4. Thereafter, late Yashwantrao Chinchmalatpure made various efforts from 23-12-1978 for getting the land released from respondent No. 1. The petitioner has annexed various letters written and representations made by him to various authorities from 1978 to 1986.

5. The petitioners have thereafter filed this present petition in which they are seeking the following reliefs.

"A. To direct the respondents 1 and 2 to take necessary steps including steps pursuant to the memorandum dated 4-1-1985 (Annexure XVIII) and 9-2-1968 (Annexure XIX) to transfer and restore the land admeasuring 27.66 acres included in survey Nos. 62/2, 63/1, 68/2, 69/2 and 71/2 of mouza Manewada, to the petitioners.

B. To direct respondents 1 and 2 to fix the valuation of the land for the purposes of restoration at the price of the Award and in accordance with the principles contained in the memorandum dated 9-2-1968 (Annexure XIX);

C. To grant interim orders directing the respondents 1 and 2 not to alienate or transfer or transfer or offer the said land to any third person including any other Department of the Central Government or State Government or any other authority or agency or instrumentality of the State or such other body during the pendency of this petition.

D. Hear the petition expeditiously;

E. Saddle the cost of this petition on the respondents;

F. Grant any other relief which this Hon'ble Court deems fit and proper in the facts and circumstances of the case."

6. The respondent No. 1 Union of India has filed its reply in which it has stated that the land is vested in the Union of India and thereafter it vested in National Air Port Authority which is established under the National Air Port's Authority Act, 1985. The respondent No. 1 has stated that after the acquisition of the said land, the possession of the land was taken on 8-7-1948 and initially the land vested in Director General Civil Aviation, Government of India. The said land was acquired for the purpose of installation of Radio Range Facility to serve the needs of Civil Aviation construction work and accordingly the respondents shall start the work of shifting of Radio Range Facility from the then existing location to the new acquired site. The respondent No. 1 has stated that however, in the meantime, as a result of advance technology of Aviation Electronics, an improved facility called as very high frequency omnirange (V.O.R.) was developed and that criteria and site requirements for very high frequency omnirange (V.O.R.) was different from those of Radio Range and so V.O.R. was installed somewhere else.

7. However, in the meantime the National Air Ports Authority was established by the National Air Port's Authorities Act, 1985 and as provided under section 13(1)(G) of the said National Air Port's Authority Act, 1985, the land which was earlier required for Director General, Civil Aviation, stoods vested in the National Air Port Authority under the provisions of section 13(1)(A) of the said Act. The said section 13(1)(A) reads as under:

"All properties and other assets including the equipment and navigational and ground aids relating to air traffic services and vested in the Central Government for the purposes of any aerodrome, civil enclave and aeronautical communication station and administered by the Director General of Civil Aviation immediately before such date shall vest in the authority."

National Air Port Authority was added as respondent No. 3 which has also filed an affidavit in which it has specifically stated that said land is required by respondent No. 3 for its own use and, therefore, there was no question of releasing said land.

8. It is now well settled by several decisions of the Apex Court that the land which is acquired by the Government for a particular public purpose, can be used for any other public purpose. In the instant case, the respondent No. 3 is an authority which is established under the Act and under the provisions of the said Act the land which was acquired for the purpose of Civil Aviation Department, now vests in respondent No. 3. Therefore, there is no merit in the present writ petition and no case is made out for any interference under Articles 226 and 227 of the Constitution of India. Hence, the petition is dismissed. Rule is discharged.