Bombay High Court
Mahesh Harishchandra Bhoir vs The Asstt. Divl. Engineer And Ors on 27 July, 2023
Bench: B.P. Colabawalla, M. M. Sathaye
2023:BHC-AS:20995-DB
wp 8071-23 J (final).docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 8071 OF 2023
Deepak Bobhale .. Petitioner
Versus
The Assistant Divisional Engineer
and Ors. .. Respondents
WITH
WRIT PETITION NO. 8087 OF 2023
Yogesh Shankar Patil And Ors. ...Petitioners
Versus
The Assistant Divisional Engineer
and Ors. ...Respondents
WITH
WRIT PETITION NO. 8074 OF 2023
Suraj Lakshman Patil ...Petitioner
Versus
The Assistant Divisional Engineer
and Ors. ...Respondents
WITH
WRIT PETITION NO. 8073 OF 2023
Kamlesh Shantaram Patil ...Petitioner
Versus
The Assistant Divisional Engineer
and Ors. ...Respondents
WITH
WRIT PETITION NO. 8123 OF 2023
Suresh Pandurang Patil And Ors. ...Petitioners
Versus
The Assistant Divisional Engineer
and Ors. ...Respondents
WITH
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WRIT PETITION NO. 8090 OF 2023
Mahendra Lakshman Bhoir And Anr. ...Petitioners
Versus
The Assistant Divisional Engineer
and Ors. ...Respondents
WITH
WRIT PETITION NO. 8091 OF 2023
Ramesh Goma Patil ...Petitioner
Versus
The Assistant Divisional Engineer
and Ors. ...Respondents
WITH
WRIT PETITION NO. 8094 OF 2023
Ranjit Ramchandra Bhoir ...Petitioner
Versus
The Assistant Divisional Engineer
and Ors. ...Respondents
WITH
WRIT PETITION NO. 8097 OF 2023
Dhiraj Kishor Bhoir ...Petitioner
Versus
The Assistant Divisional Engineer
and Ors. ...Respondents
WITH
WRIT PETITION NO. 8101 OF 2023
Kamlakar Krishna Bhoir And Ors. ...Petitioners
Versus
The Assistant Divisional Engineer
and Ors. ...Respondents
WITH
WRIT PETITION NO. 8084 OF 2023
Vinod Krishna Patil ...Petitioner
Versus
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The Assistant Divisional Engineer
and Ors. ...Respondents
WITH
WRIT PETITION NO. 8082 OF 2023
Vishwanath Bhaskar Patil ...Petitioner
Versus
The Assistant Divisional Engineer
and Ors. ...Respondents
WITH
WRIT PETITION NO. 8075 OF 2023
Hemant Bhaskar Patil ...Petitioner
Versus
The Assistant Divisional Engineer
and Ors. ...Respondents
WITH
WRIT PETITION NO. 8077 OF 2023
Kishor Tulshiram Bhoir ...Petitioner
Versus
The Assistant Divisional Engineer
and Ors. ...Respondents
WITH
WRIT PETITION NO. 8080 OF 2023
Ramesh Tulshiram Bhoir ...Petitioner
Versus
The Assistant Divisional Engineer
and Ors. ...Respondents
WITH
WRIT PETITION NO. 8108 OF 2023
Mahesh Harishchandra Bhoir ...Petitioner
Versus
The Assistant Divisional Engineer
and Ors. ...Respondents
WITH
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WRIT PETITION NO. 8099 OF 2023
Bharat Kashinath Bhoir ...Petitioner
Versus
The Assistant Divisional Engineer
and Ors. ...Respondents
WITH
WRIT PETITION NO. 8122 OF 2023
Hemant Pandurang Patil ...Petitioner
Versus
The Assistant Divisional Engineer
and Ors. ...Respondents
WITH
WRIT PETITION NO. 8089 OF 2023
Purshottam Vijay Patil ...Petitioner
Versus
The Assistant Divisional Engineer
and Ors. ...Respondents
WITH
WRIT PETITION NO. 8121 OF 2023
Chandrakant Raghunath Bhoir ...Petitioner
Versus
The Assistant Divisional Engineer
and Ors. ...Respondents
WITH
WRIT PETITION NO. 8114 OF 2023
Shri. Nilesh Ganpat Bhoir ...Petitioner
Versus
The Assistant Divisional Engineer
and Ors. ...Respondents
WITH
WRIT PETITION NO. 8111 OF 2023
Ramkrishna Ganpat Bhoir ...Petitioner
Versus
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The Assistant Divisional Engineer
and Ors. ...Respondents
WITH
WRIT PETITION NO. 8119 OF 2023
Harishchandra Rama Bhoir ...Petitioner
Versus
The Assistant Divisional Engineer
and Ors. ...Respondents
WITH
WRIT PETITION NO. 8105 OF 2023
Namdev Rama Bhoir ...Petitioner
Versus
The Assistant Divisional Engineer
and Ors. ...Respondents
WITH
WRIT PETITION NO. 8086 OF 2023
Anant Pandurang Bhomble ...Petitioner
Versus
The Assistant Divisional Engineer
and Ors. ...Respondents
WITH
WRIT PETITION NO. 8106 OF 2023
Janardhan Laxman Bhoir ...Petitioner
Versus
The Assistant Divisional Engineer
and Ors. ...Respondents
WITH
WRIT PETITION NO. 8107 OF 2023
Jitendra Khandu Shinde ...Petitioner
Versus
The Assistant Divisional Engineer
and Ors. ...Respondents
WITH
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WRIT PETITION NO. 8079 OF 2023
Chandrashekhar Janardhan Bhoir ...Petitioner
Versus
The Assistant Divisional Engineer
and Ors. ...Respondents
WITH
WRIT PETITION NO. 8088 OF 2023
Ashok Harishchandra Patil ...Petitioner
Versus
The Assistant Divisional Engineer
and Ors. ...Respondents
Mr.Surel Shah a/w Abhijeet Kulkarni i/b Sachin Hande,
Advocates for the Petitioner.
Mr.T.J.Pandian a/w T.C. Subramanian, Advocates for
Respondent.
Mr. A.I.Patel, Addl. G.P. a/w Ms. M.S. Bane , AGP for
Respondent/State.
CORAM : B. P. COLABAWALLA
& M.M. SATHAYE,
JJ.
RESERVED ON : JULY 11, 2023
PRONOUNCED ON : JULY 27, 2023
Common Judgment (Per M. M. Sathaye, J.)
1. Rule. Rule made returnable forthwith. Advocate T.J.
Pandian waives service for the Respondent Nos. 1 and 2 (Central
Railway). Mr. Patel, the learned AGP waives service for
Respondent No.3 (State). Heard finally by consent.
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2. This group of petitions raise the same issue for
consideration and therefore are being heard together. It is a
common ground before us that all the Petitioners are similarly
placed and for the purpose of convenience, the facts of the lead
writ petition No. 8071 of 2021 are being referred to.
3. By this petition filed under Article 226 of the Constitution
of India, the Petitioner is seeking a declaration that the Award
passed by the Special Land Acquisition Officer (for short 'SLAO')
about the Petitioner's land Gat No. 61/2/A admeasuring 34.4
Guntha situated at Village Kaladhonda, Tal. Uran, Dist. Raigad,
under the Land Acquisition Act, 1894 (for short 'the said Act')
stands lapsed. The Petitioner has also prayed for a direction to
the Respondents to drop all the further proceedings under the
said Act in relation to the subject matter land and pass a fresh
Award either by an agreement with the Petitioner or by following
the due process of law under the provisions of the Right to Fair
Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013 (for short 'the 2013
Act') and pay the requisite compensation. The Petitioner has also
prayed for a direction to the Respondents to provide an alternate
area of land at some adjoining area.
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4. Bare perusal of the prayers, which are stated above in a
nutshell, clearly shows that these Petitioners have come to the
Court with the most omnibus prayers that could be made, and in
essence, are challenging the entire land acquisition proceedings
and awards passed in respect of their lands.
THE PETITIONER'S CASE
5. It is the case of the Petitioner that he is the owner of the
subject matter land since the time of his forefather. It is
contended that Railways came to the Uran area, where the subject
matter land is situated sometime in the year 1962, when India-
China war was raging and the Central Government acquired lands
in order to speed up the process of laying down railway lines. It is
contended that the farmers being the owners of the lands, did not
object the acquisition because of the war situation. It is
contended in para 4(b) of the petition, that the possession of the
lands was taken for installation of the railway tracks and apart
from track installation, the lands have not been developed. It is
specifically stated in paragraph 4(c) of the petition that award for
the land acquisition, as per information of the Petitioner is passed
by the Respondents sometime in the year 1963 for the Diva-
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Panvel-Uran Railway and the name of the Petitioner's predecessor
(grandfather) has been removed as per mutation entry No. 749.
This mutation entry is produced on record, which itself shows
that it is dated 21.10.1966 by which name of the Railways is
mutated.
6. It is further contended that due to the war situation and
urgency, the Respondents had not proceeded for the payment of
compensation and the right of the Petitioner's predecessor to
compensation, was stuck in procedural issues, and as a result,
neither the Petitioner nor his forefather received adequate, fair
and full compensation. It is contended that till date
compensation has not been paid and therefore, the acquisition
proceedings stand lapsed under Section 24(2) of the 2013 Act. It
is further contended that many times, the Petitioner has
requested the Respondents regarding the supply of necessary
documents, however, the requests were neglected. It is further
contended that since the acquisition stands lapsed, the Petitioner
is entitled to compensation under the 2013 Act, as per today's
prevailing market rate. It is further contended that till date, the
amount of compensation has not been deposited in the account of
the Petitioner.
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7. In paragraph 4(j) of the petition, it is contended that the
Petitioner is entitled to benefit under Section 24(2) of the 2013
Act because within 5 years before operation of the 2013 Act,
compensation has not been paid and physical possession is also
not taken over by the Respondents. It must be noted here itself
that this case of physical possession not being taken over, is
contrary to the case made out in the earlier part of the petition
[paragraph 4(b)], as narrated above. In paragraph 4(l), it is
contended that the word 'or' appearing in Section 24(2) of the
2013 Act be read as disjunctive and not conjunctive.
8. In paragraph 4(n), it is contended that the Petitioner is
ready to execute an agreement and receive compensation as per
the provisions of the new Act and the Petitioner is not opposing
any development work and is willing to co-operate. It is further
contended that the Respondents have no material to establish
that compensation was paid and an Award has been made. On
these grounds, the petition is filed seeking reliefs as more
particularly set out earlier.
THE RESPONDENTS' CASE
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9. The Deputy Chief Engineer (Construction) Central Railways
has filed a common affidavit-in-reply affirmed on 15.02.2021 on
behalf of the Respondent Nos. 1 and 2. It is contended that on the
subject matter lands, construction of the Railways project, Nerul-
Belapur-Seawood-Uran Railway, is underway. It is contended
that the petition suffers from laches and is filed after a hopelessly
long period of time. So far as the grievance of non-payment of
compensation to the Petitioner's forefather, or the acquisition
proceedings which have taken place as far back as in the year 1963
are concerned, it is contended that the Petitioners' have come
before the Court after a long period of about 60 years and on this
count alone, the petition deserves to be dismissed as per the law,
now settled by the Constitution Bench of the Hon'ble Supreme
Court in the matter of Indore Development Authority v/s.
Manoharlal and Ors1. It is contended that the documents
produced by the Petitioners themselves are sufficient to show that
the land in question was acquired way back in the year 1963 and
thereafter the ownership of subject matter land has vested in the
Respondent/Railways with necessary mutation entries in place,
since a long period of time.
(2020) 8 SCC 129
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10. It is contended that possession of any land acquired for the
purpose of the Railway is handed over to the Railway only after
the Railways deposit the required amount of compensation as
determined by the concerned SLAO. It is only thereafter the name
of the Railways is entered in the Revenue Records such as
mutation entry, 7/12 extract, Kami Jast Patrak. It is therefore
vehemently submitted that it is impossible to believe that no
compensation is paid to Petitioner's forefather.
11. It is contended that after a long span of about 60 years, the
entire record pertaining to the acquisition in the village
Kaladhonda, where the subject matter lands are situated, is not
traceable. However, the mutation records clearly show the
acquisition of land by the Respondent/Railways has taken place
way back in the year 1963. It is further contended that after the
acquisition of subject matter land, the Respondent/Railways were
put in possession initially for a goods line till Uran and various
structures such as booking office, goods shed, siding and staff
quarters etc. are constructed and the same has been operational
until some years back. It is contended that in the meantime, the
work of Nerul-Belapur-Seawood-Uran [doubling of line] was in
progress and since 2012 and even contracts of necessary
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earthwork and construction of minor bridges, drains etc. have
been awarded. It is contended that in the aforesaid facts and
circumstances, the claim of the Petitioner about invocation of
Section 24(2) of the 2013 Act, at such belated stage after about 60
years, is wholly untenable. It is further contended that from the
averments made in the petition, the Petitioner himself is not clear
about his own case. It is contended that bare perusal of 7/12
extract produced by the Petitioner himself, would show the name
of Diva-Panvel-Uran Railway in the holder's column. It is
specifically contended that the death certificates produced by the
Petitioners showing the dates of the death of their forefathers or
predecessors make it clear that no grievance was raised by those
persons during their life time, which further indicates that due
procedure has been followed a long time ago. It is contended that
the subject matter land has vested in the Respondent/Railways
since a long time and there is nothing to show that the Petitioner
is in physical possession thereof. On these and other grounds the
petition is opposed by Respondent Nos. 1 and 2 [Central
Railways].
12. By filing an Additional Affidavit affirmed on 22.02.2021,
the Railway has placed on record the copies of the 4 Land
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Acquisition Awards with respect to the subject matter lands of the
Petitioners' in land acquisition proceedings viz. LAQ No. 60, LAQ
No. 113 and LAQ No. 138. With this additional affidavit, the
Railway has not only produced the awards but also produced the
copies of statement containing names of interested persons for
the payment of compensation and rental compensation prepared
by concerned SLAO way back in the year 1966. It is contended
that names of Petitioners' forefathers are appearing in the said
proceedings viz. awards and also in the statements prepared at
the relevant time. It is contended that the forefathers of the
Petitioners who received compensation including rental
compensation, have not raised any grievance during their life
time.
13. The Sub-Divisional Officer, Uran, Taluka Panvel, District
Raigad has filed Affidavit-in-Reply affirmed on 22.03.2021 on
behalf of the Respondent No.3 State. It is once again contended,
this time by the Respondent/State, that the Petitioner has come
before the Court after a long period and as such the petition
suffers from laches and is filed in a hopelessly belated manner. It
is contended that the notification about the subject matter land
was published on 12.07.1961, followed by notification in the
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Government Gazette on 08.11.1962, of which, copy is produced on
record. It is contended that all the subject matter lands of the
present group of petitions were acquired under four different
awards and thereafter, in the year 1965, the necessary
measurements have been made and Kami Jast Patrak has been
prepared.
14. It is contended that after following the due procedure under
law, mutation entry No. 834 dated 05.02.1974, has been recorded
and the subject matter land was muted in the name of
Respondent/Railways, which has continued as such till date. It is
also contended that as per mutation entry Nos. 747, 748, 749 and
750 all dated 21.10.1966, assessment of the land revenue is
reduced and necessary entries have been made in the other rights
column. The copies of the said mutation entries are produced on
record.
15. It is contended that the final awards have been declared in
the year 1964 and therefore, ex-facie the present petitions filed
after a period of 56 years, suffer from serious laches. It is
contended that no applications for non-payment of compensation
or enhanced compensation etc. were filed in respect of the subject
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matter lands. In short, it is contended by the Respondent/State
that subject matter lands, [in relation to which the present group
of petitions are filed], have been already acquired by the following
due process of law with compensation paid and possession taken
and such lands are standing in the name of Respondent/Railways
since 1965 and therefore, these petitions cannot be entertained at
such a belated stage.
SUBMISSIONS
16. In answer to the case set up by the Railways and the State,
Mr. Shah & Mr. Kulkarni, learned counsels on behalf of the
Petitioners, submitted that the name in the mutation entry is for
fiscal purposes primarily and does not give title. It is submitted
that as such the mutation entry and names in the 7/12 extract will
not be of help to the Respondent/Railways. It is submitted that in
the present matter, there is nothing to show that the Petitioner or
his forefather were paid requisite compensation or that
possession of the subject matter lands, was taken from them by
following due process of law and therefore, it is urged that the
subject matter acquisition would stand lapsed and awards, if any,
will have to be set aside. He further submitted that the present
case is squarely covered by the Judgment of the Hon'ble Supreme
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Court in the matter of Vidya Devi v/s. State of Himachal Pradesh 2
and Sukh Dutt Ratra & Anr v/s. State of Himachal Pradesh &
Ors3. It is submitted that in the above cited cases, the Hon'ble
Supreme Court has entertained a belated claim made by the
Appellants therein. It is submitted that delay and laches cannot
be raised in the case of a continuing cause of action and the
constitutional rights of a citizen guaranteed under Article 300A of
the Constitution of India, cannot be taken away. He submitted
that citizens like Petitioners cannot be deprived of their rights by
statutory authorities and therefore the procedure under law and
obligation to pay compensation cannot be ignored. Hence, the
Petitioners are entitled to just and fair compensation. It is further
submitted that at least the treasury receipts should have been
produced on record by the Respondents to substantiate payment
of compensation to the Petitioner's forefathers and as such in the
facts of the present case, interference is required at the hands of
this Court.
17. Per contra, Mr. Pandian appearing for the
Respondent/Railways, at the outset invited our attention to the
conclusion drawn by the Hon'ble Supreme Court in a 5-Judges
(2020) 2 SCC 569
(2022) 7 SCC 508
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decision rendered in Indore Development Authority (Supra),
which is currently holding the field in such matters. He submitted
that it is clearly interpreted by the Hon'ble Supreme Court that
Section 24(2) of the 2013 Act, does not give rise to any new cause
of action for questioning the legality of concluded proceedings of
the land acquisition but in fact, it basically is applied to
proceedings pending on the date of enforcement of the 2013 Act.
He vehemently urged that the provisions of the 2013 Act, more
particularly section 24(2) thereof, do not revive stale and time
barred claims, and they do not reopen concluded proceedings, nor
can allow the land owners to question the legality of the mode of
taking possession or mode of deposit of compensation to
invalidate an acquisition after a long interval of time.
18. It is submitted that these petitions are nothing but a chance
litigation by Petitioners, who, by taking undue advantage of the
long lapse of time, are demanding production of old records, and
on the non-production of such certain records, are trying to take
the undue benefit of non-availability of such certain documents
with the Authorities due to lapse of about 60 years in this case. He
submitted that mutation entries and revenue records admittedly
standing in the name of Railways was within the public domain
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since last so many years and the concerned mutation entries
clearly make a reference to land acquisition proceedings.
Therefore, it is urged that if the Petitioners' predecessors did not
raise any objection or grievances about the land acquisition
proceedings concluded way back in the 1960s, surely means that
they had received their due compensation and therefore these
Petitioners cannot be permitted to raise any grievance at such a
belated stage. He further submitted that whatever record is
available with the authorities, in the form of notifications, copies
of awards and the statements prepared in 1960 for grant of
compensation or rental compensation, 7/12 extract etc., are
produced by Respondent/Railways as well as Respondent/State
and the material produced on record is sufficient to conclude that
land acquisition proceedings had in fact taken place, which have
gone unchallenged for so many years. He submitted that 'the twin
condition' of non-receipt of compensation AND non-taking of
possession, held mandatory by the Hon'ble Supreme Court for
lapsing, is awfully lacking in the present case. He submitted that
the Petitioners cannot be heard to say that the subject matter
lands are in their possession, in the teeth of the long-standing
mutation entries and Petitioners' own pleadings, and therefore,
there is no question of lapsing. Mr. Pandian has shown to the
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Court the present photographs of an existing Railway Station on
the subject matter lands.
19. Mr. Patel, learned AGP has supported all the arguments of
Mr. Pandian and reiterated that due process of law has been
followed in the present matter.
REASONS AND CONCLUSIONS
20. We have carefully considered the rival submissions and
perused the record.
21. The Respondent/Railways have relied upon a petition-wise
chart produced at 'Exhibit K', along with additional affidavit dated
22.02.2021 filed in Writ Petition No. 8071 of 2023. In this chart,
the Respondent/Railways have supplied details of the material
produced by them on record, petition-wise, to substantiate their
case. The said chart and material produced on record is not
seriously disputed by any of the petitioners either by filing a
rejoinder or otherwise. However, for our satisfaction, we have
gone through the record and have made a note of the following
material found petition-wise, and which is recorded in chart
below:
Sr. WP Name of the Subject Materials placed on record by the Petitioners and
N Matter
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o. No. Petitioner Lands Respondents
1 8073 Kamlesh Gat 7/12 extract produced by Petitioner himself, showing
of Shantaram No.18/12/ name of Petitioner's forefather as deleted and name
2023 Patil B of Diva Panvel Uran Railway entered vide mutation
Area- entry No.748/749 dated 21.10.66.
38.60
Statement produced by Railways showing the details
Gat of the compensation including rental compensation
No.17/12/ payable to the interested persons showing the name
E of the Petitioner's forefather.
Area-
27.80
2 8123 Suresh Gat 7/12 extract produced by Petitioner himself, showing
of Pandurang No.75/1 name of Petitioner's forefather as deleted and name
2023 Patil Area- 81 of Diva Panvel Uran Railway entered vide mutation
entry No.748/749 dated 21.10.66.
Gat
No.69/3 Land Acquisition Award produced by the Railways,
Area- showing the name of the Petitioner's forefather.
8.30
Declaration under Section 6 of the Land Acquisition
Gat Act, 1894, produced by the state, for the Land
No.68/3 Acquisition showing the subject matter lands of the
Area- Petitioner.
14.90
Gat
No.70/4
Area-
8.60
Gat
No.71/2
Area-
13.00
Gat
No.77/3/
Area- 4
Gat
No.77/2/
D
Area-
7.80
Gat
No.73/12/
A
Area-
10.20
3 8122 Hemant Gat 7/12 extract produced by Petitioner himself, showing
of Pandurag No.17/2/ name of Petitioner's forefather as deleted and name
2023 Patil A of Diva Panvel Uran Railway entered vide mutation
Area- 5.10 entry No.748/749 dated 21.10.66.
Statement produced by Railways showing the details
of the compensation including rental compensation
payable to the interested persons showing the names
of the Petitioner's forefather.
Declaration under Section 6 of the Land Acquisition
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Act, 1894, produced by the state, for the Land
Acquisition showing the subject matter lands of the
Petitioner.
4 8089 Purshottam Gat 7/12 extract produced by Petitioner himself, showing
of Vijay Patil No.17/12/ name of Petitioner's forefather as deleted and name
2023 F of Diva Panvel Uran Railway entered vide mutation
Area- entry No.748/749 dated 21.10.66.
14.40
Statement produced by Railways showing the details
of the compensation including rental compensation
payable to the interested persons showing the names
of the Petitioner's forefather.
5 8121 of Chandrakan Gat 7/12 extract produced by Petitioner himself, showing
2023 t No.71/4/ name of Petitioner's forefather as deleted and name
Raghunath B of Diva Panvel Uran Railway entered vide mutation
Boir Area- entry No.748/749 dated 21.10.66.
5.80
Statement produced by Railways showing the details
of the compensation including rental compensation
payable to the interested persons showing the names
of the Petitioner's forefather.
6 8114 of Nilesh Gat 7/12 extract produced by Petitioner himself, showing
2023 Ganpat No.81/1/B name of Petitioner's forefather as deleted and name
Bhoir Area- of Diva Panvel Uran Railway entered vide mutation
12.60 entry No.748/749 dated 21.10.66.
Statement produced by Railways showing the details
of the compensation including rental compensation
payable to the interested persons showing the names
of the Petitioner's forefather.
Declaration under Section 6 of the Land Acquisition
Act, 1894, produced by the state, for the Land
Acquisition showing the subject matter lands of the
Petitioner.
7 8071 Deepak Gat 7/12 extract produced by Petitioner himself, showing
of Parshuram No.61/2/ name of Petitioner's forefather as deleted and name
2023 Bobhale A of Diva Panvel Uran Railway entered vide mutation
Area- entry No.748/749 dated 21.10.66.
34.40
Statement produced by Railways showing the details
of the compensation including rental compensation
payable to the interested persons showing the names
of the Petitioner's forefather.
Declaration under Section 6 of the Land Acquisition
Act, 1894, produced by the state, for the Land
Acquisition showing the subject matter lands of the
Petitioner.
8 8111 of Ramkrushn Gat 7/12 extract produced by Petitioner himself, showing
2023 a Ganpat No.75/2 name of Petitioner's forefather as deleted and name
Bhoir Area- of Diva Panvel Uran Railway entered vide mutation
23.40 entry No.748/749 dated 21.10.66.
Statement produced by Railways showing the details
of the compensation including rental compensation
payable to the interested persons showing the names
of the Petitioner's forefather.
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Declaration under Section 6 of the Land Acquisition
Act, 1894, produced by the state, for the Land
Acquisition showing the subject matter lands of the
Petitioner.
9 8119 of Harishchan Gat No.16 7/12 extract produced by Petitioner himself, showing
2023 dra Rama Area- name of Petitioner's forefather as deleted and name
Bhoir 30.20 of Diva Panvel Uran Railway entered vide mutation
entry No.748/749 dated 21.10.66.
Land Acquisition Award produced by the Railway,
showing the names of the Petitioner's forefather.
Statement produced by Railways showing the details
of the compensation including rental compensation
payable to the interested persons showing the names
of the Petitioner's forefather.
Declaration under Section 6 of the Land Acquisition
Act, 1894, produced by the state, for the Land
Acquisition showing the subject matter lands of the
Petitioner.
10 8101 of Kamlakar Gat 7/12 extract produced by Petitioner himself, showing
2023 Krishna No.65/2 name of Petitioner's forefather as deleted and name
Bhoir Area- of Diva Panvel Uran Railway entered vide mutation
74.30 entry No.748/749 dated 21.10.66.
Statement produced by Railways showing the details
of the compensation including rental compensation
payable to the interested persons showing the names
of the Petitioner's forefather.
Declaration under Section 6 of the Land Acquisition
Act, 1894, produced by the state, for the Land
Acquisition showing the subject matter lands of the
Petitioner.
11 8084 Vinod Gat 7/12 extract produced by Petitioner himself, showing
of Krishna No.18/12/ name of Petitioner's forefather as deleted and name
2023 Patil A of Diva Panvel Uran Railway entered vide mutation
Area- entry No.748/749 dated 21.10.66.
3.80
Land Acquisition Award produced by the Railway,
showing the names of the Petitioner's forefather.
Statement produced by Railways showing the details
of the compensation including rental compensation
payable to the interested persons showing the names
of the Petitioner's forefather.
12 8082 Vishwanath Gat 7/12 extract produced by Petitioner himself, showing
of Bhaskar No.17/2/ name of Petitioner's forefather as deleted and name
2023 Patil B of Diva Panvel Uran Railway entered vide mutation
Area- entry No.748/749 dated 21.10.66.
13.70
Land Acquisition Award produced by the Railway,
showing the names of the Petitioner's forefather.
Statement produced by Railways showing the details
of the compensation including rental compensation
payable to the interested persons showing the names
of the Petitioner's forefather.
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Declaration under Section 6 of the Land Acquisition
Act, 1894, produced by the state, for the Land
Acquisition showing the subject matter lands of the
Petitioner.
13 8097 Dhiraj Gat 7/12 extract produced by Petitioner himself, showing
of Kishor Boir No.77/1 name of Petitioner's forefather as deleted and name
2023 Area- of Diva Panvel Uran Railway entered vide mutation
73.40 entry No.748/749 dated 21.10.66.
Land Acquisition Award produced by the Railway,
showing the names of the Petitioner's forefather.
Statement produced by Railways showing the details
of the compensation including rental compensation
payable to the interested persons showing the names
of the Petitioner's forefather.
Declaration under Section 6 of the Land Acquisition
Act, 1894, produced by the state, for the Land
Acquisition showing the subject matter lands of the
Petitioner.
14 8075 Hemant Gat 7/12 extract produced by Petitioner himself, showing
of Bhaskar No.72/2/ name of Petitioner's forefather as deleted and name
2023 Patil D of Diva Panvel Uran Railway entered vide mutation
Area- entry No.748/749 dated 21.10.66.
6.30
Land Acquisition Award produced by the Railway,
showing the names of the Petitioner's forefather.
Statement produced by Railways showing the details
of the compensation including rental compensation
payable to the interested persons showing the names
of the Petitioner's forefather.
15 8077 Kishor Gat 7/12 extract produced by Petitioner himself, showing
of Tulshiram No.61/1 name of Petitioner's forefather as deleted and name
2023 Bhoir Area- of Diva Panvel Uran Railway entered vide mutation
13.00 entry No.748/749 dated 21.10.66.
Statement produced by Railways showing the details
of the compensation including rental compensation
payable to the interested persons showing the names
of the Petitioner's forefather.
Declaration under Section 6 of the Land Acquisition
Act, 1894, produced by the state, for the Land
Acquisition showing the subject matter lands of the
Petitioner.
16 8080 Ramesh Gat 7/12 extract produced by Petitioner himself, showing
of Tulshiram No.77/3/ name of Petitioner's forefather as deleted and name
2023 Bhoir B of Diva Panvel Uran Railway entered vide mutation
Area- entry No.748/749 dated 21.10.66.
3.80
Statement produced by Railways showing the details
of the compensation including rental compensation
payable to the interested persons showing the names
of the Petitioner's forefather.
Declaration under Section 6 of the Land Acquisition
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Act, 1894, produced by the state, for the Land
Acquisition showing the subject matter lands of the
Petitioner.
17 8079 Chandrashe Gat 7/12 extract produced by Petitioner himself, showing
of khar Bhoir No.71/1 name of Petitioner's forefather as deleted and name
2023 Area- of Diva Panvel Uran Railway entered vide mutation
15.00 entry No.748/749 dated 21.10.66.
Statement produced by Railways showing the details
of the compensation including rental compensation
payable to the interested persons showing the names
of the Petitioner's forefather.
Declaration under Section 6 of the Land Acquisition
Act, 1894, produced by the state, for the Land
Acquisition showing the subject matter lands of the
Petitioner.
18 8206 Janardan Gat 7/12 extract produced by Petitioner himself, showing
of Lakshman No.77/3/ name of Petitioner's forefather as deleted and name
2023 Bhoir E of Diva Panvel Uran Railway entered vide mutation
Area-7.60 entry No.748/749 dated 21.10.66.
Statement produced by Railways showing the details
of the compensation including rental compensation
payable to the interested persons showing the names
of the Petitioner's forefather.
Declaration under Section 6 of the Land Acquisition
Act, 1894, produced by the state, for the Land
Acquisition showing the subject matter lands of the
Petitioner.
19 8206 Jitendra Gat 7/12 extract produced by Petitioner himself, showing
of Khandu No.73/12/ name of Petitioner's forefather as deleted and name
2023 Shinde C of Diva Panvel Uran Railway entered vide mutation
Area- entry No.748/749 dated 21.10.66.
14.00
Declaration under Section 6 of the Land Acquisition
Act, 1894, produced by the state, for the Land
Acquisition showing the subject matter lands of the
Petitioner.
20 8105 Namdev Gat 7/12 extract produced by Petitioner himself, showing
of Rama Bhoir No.17/4 name of Petitioner's forefather as deleted and name
2023 Area- of Diva Panvel Uran Railway entered vide mutation
7.80 entry No.748/749 dated 21.10.66.
Land Acquisition Award produced by the Railway,
showing the names of the Petitioner's forefather.
Statement produced by Railways showing the details
of the compensation including rental compensation
payable to the interested persons showing the names
of the Petitioner's forefather.
Declaration under Section 6 of the Land Acquisition
Act, 1894, produced by the state, for the Land
Acquisition showing the subject matter lands of the
Petitioner.
21 8086 Anant Gat 7/12 extract produced by Petitioner himself, showing
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of Pandurang No.73/8/ name of Petitioner's forefather as deleted and name
2023 Bhoir A of Diva Panvel Uran Railway entered vide mutation
Area- entry No.748/749 dated 21.10.66.
16.30
Gat
No.73/8/
Area-
4.30
Gat
No.75/5/
A
Area-
45.40
Gat
No.71/5/B
Area-
29.20
22 8108 Mahesh Gat 7/12 extract produced by Petitioner himself, showing
of Harishchan No.69/1 name of Petitioner's forefather as deleted and name
2023 dra Bhoir Area- of Diva Panvel Uran Railway entered vide mutation
23.60 entry No.748/749 dated 21.10.66.
Land Acquisition Award produced by the Railway,
showing the names of the Petitioner's forefather.
Statement produced by Railways showing the details
of the compensation including rental compensation
payable to the interested persons showing the names
of the Petitioner's forefather.
Declaration under Section 6 of the Land Acquisition
Act, 1894, produced by the state, for the Land
Acquisition showing the subject matter lands of the
Petitioner.
23 8099 Bharat Gat 7/12 extract produced by Petitioner himself, showing
of Kashinath No.68/2/ name of Petitioner's forefather as deleted and name
2023 Bhoir A/1 of Diva Panvel Uran Railway entered vide mutation
Area- 10 entry No.748/749 dated 21.10.66.
Gat Statement produced by Railways showing the details
No.65/1/ of the compensation including rental compensation
A/1 payable to the interested persons showing the names
Area- of the Petitioner's forefather.
3.60
Declaration under Section 6 of the Land Acquisition
Gat Act, 1894, produced by the state, for the Land
No.67/1/ Acquisition showing the subject matter lands of the
A Petitioner.
Area-
22.70
Gat
No.68/2/
B/1
Area- 10
Gat
No.67/2/
A
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Area-
23.00
Gat
No.65/1/
B/1
Area-
3.80
24 8090 Mahendra Gat 7/12 extract produced by Petitioner himself, showing
of Lakshman No.79/4/ name of Petitioner's forefather as deleted and name
2023 Bhoir B of Diva Panvel Uran Railway entered vide mutation
Area- entry No.748/749 dated 21.10.66.
25.80
Statement produced by Railways showing the details
Gat of the compensation including rental compensation
No.77/2/ payable to the interested persons showing the names
A of the Petitioner's forefather.
Area-
33.90 Declaration under Section 6 of the Land Acquisition
Act, 1894, produced by the state, for the Land
Acquisition showing the subject matter lands of the
Petitioner.
25 8091 Ramesh Gat 7/12 extract produced by Petitioner himself, showing
of Goma Patil No.66/1 name of Petitioner's forefather as deleted and name
2023 Area- of Diva Panvel Uran Railway entered vide mutation
12.60 entry No.748/749 dated 21.10.66.
Declaration under Section 6 of the Land Acquisition
Act, 1894, produced by the state, for the Land
Acquisition showing the subject matter lands of the
Petitioner.
26 8094 Ranjeet Gat 7/12 extract produced by Petitioner himself, showing
of Ramchandr No.72/7 name of Petitioner's forefather as deleted and name
2023 a Bhoir Area-8.60 of Diva Panvel Uran Railway entered vide mutation
entry No.748/749 dated 21.10.66.
Land Acquisition Award produced by the Railway,
showing the names of the Petitioner's forefather.
Statement produced by Railways showing the details
of the compensation including rental compensation
payable to the interested persons showing the names
of the Petitioner's forefather.
Declaration under Section 6 of the Land Acquisition
Act, 1894, produced by the state, for the Land
Acquisition showing the subject matter lands of the
Petitioner.
27 8088 Ashok Gat 7/12 extract produced by Petitioner himself, showing
of Harishchan No.19/1/A name of Petitioner's forefather as deleted and name
2023 dra Patil Area-0.90 of Diva Panvel Uran Railway entered vide mutation
entry No.748/749 dated 21.10.66.
Gat
No.19/3 Statement produced by Railways showing the details
Area- of the compensation including rental compensation
20.20 payable to the interested persons showing the names
of the Petitioner's forefather.
Declaration under Section 6 of the Land Acquisition
Act, 1894, produced by the state, for the Land
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Acquisition showing the subject matter lands of the
Petitioner.
28 8087 Yogesh Gat 7/12 extract produced by Petitioner himself, showing
of Shankar No.70/2/ name of Petitioner's forefather as deleted and name
2023 Patil A of Diva Panvel Uran Railway entered vide mutation
Area-10.9 entry No.748/749 dated 21.10.66.
Gat Statement produced by Railways showing the details
No.70/2/ of the compensation including rental compensation
B payable to the interested persons showing the names
Area- 86 of the Petitioner's forefather.
Gat Declaration under Section 6 of the Land Acquisition
No.72/3/ Act, 1894, produced by the state, for the Land
B Acquisition showing the subject matter lands of the
Area- 1.5 Petitioner.
Gat
No.77/3/
A
Area-3.8
29 8074 Suresh Gat 7/12 extract produced by Petitioner himself, showing
of Lakshman No.17/2/ name of Petitioner's forefather as deleted and name
2023 Patil E of Diva Panvel Uran Railway entered vide mutation
Area- entry No.748/749 dated 21.10.66.
27.80
Statement produced by Railways showing the details
Gat of the compensation including rental compensation
No.18/2/ payable to the interested persons showing the names
B of the Petitioner's forefather.
Area-
38.60 Declaration under Section 6 of the Land Acquisition
Act, 1894, produced by the state, for the Land
Acquisition showing the subject matter lands of the
Petitioner.
22. It is pertinent to note that the above material clearly
indicates either (i) gazette declaration u/s. 6 of the Land
Acquisition Act, 1894, when the lands at village Kaladhonda were
acquired for the said Railway project or (ii) name/s of predecessor
of the Petitioner appearing in the statement of compensation &
rental compensation paid during the acquisition or (iii) 7/12
extract showing that the name/s of the forefathers of the
Petitioners were removed and the name of the Railway was
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entered. Apart from this, copies of 3 awards out of the 4
concerned awards, have also been produced on record showing
names of the Petitioners' predecessor/s and the subject matter
lands.
23. This apart, perusal of the averments made in the petition/s
show that the Petitioners have taken contradictory stands about
possession of the land. Possession of Respondent/Railways
cannot be disputed in the teeth of long-standing mutation entries,
7/12 extracts and the photographs produced by the
Respondent/Railways. In that view of the matter, there is no
question of lapsing as on date, because the twin conditions of lack
of payment of compensation AND lack of taking possession, is not
met.
24. Also, in view of the aforesaid material produced by the
Respondents, this is not a case where there is nothing to indicate
that acquisition proceedings of subject matter lands had taken
place. This is also not a case where either the acquiring body or
the Respondent/State has come before the Court clearly admitting
that no acquisition proceedings have taken place. In fact, this is a
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contested matter in which both the Respondent/Railways
[Acquiring body] and the Respondent/State have seriously
opposed the prayers made by the Petitioners on the ground of
inordinate delay and laches. A clear stand has been taken by
both, the Respondent/State and the Respondent/Railways
(Acquiring Body), that awards have been made by following due
process of law and the compensation have also been paid to the
Petitioners' forefathers including rental compensation.
25. In that view of the matter, the reliance placed by the
learned counsel for the Petitioners on the Judgment of the
Hon'ble Supreme Court in the case of Vidya Devi (Supra) will not
advance their case for more than one distinguishing reason. We
say so, firstly because in Vidya Devi's case, the State had come
before the Court with the case of adverse possession justifying
forcible expropriation of the Appellant's property without
following due procedure. It is in that context that the Hon'ble
Supreme Court held that such a stance cannot be countenanced
and the State, being a welfare state, cannot be permitted to perfect
its title over land by invoking the doctrine of adverse possession.
Secondly, in Vidya Devi's case (supra) the Appellant Vidya Devi
[interested person] herself was before the Court and there was
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delay/laches on her part. Finding that she is an illiterate widow
coming from a rural background, the Hon'ble Supreme Court held
that in such a situation, there is no period of limitation for the
Court to exercise constitutional jurisdiction to do substantial
justice. In the present case, the persons, during whose lifetime
the acquisition proceedings have taken place [interested persons]
culminating in awards and the payment of compensation
including rental compensation, have not challenged the
proceedings or awards during their lifetime, and the Petitioners
who are their successors, have come to Court after a long period
of almost 60 years. After lapse of such a long time, the Petitioners
are seeking to question the legality about the mode of taking
possession and mode of deposit of compensation. This attempt of
the Petitioners is certainly "an attempt to revive stale and time
barred claims" which is expressly prohibited under conclusion
given by the Hon'ble Supreme Court in the case of Indore
Development Authority (Supra). We draw support from clause
366.9 of the said Judgment, wherein the Hon'ble Supreme Court
has concluded as below:
"366.9. Section 24(2) of the 2013 Act does not
give rise to new cause of action to question the legality
of concluded proceedings of land acquisition. Section
24 applies to a proceeding pending on the date of
enforcement of the 2013 Act i.e., 1-1-2014. It does not
revive stale and time-barred claims and does not
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reopen concluded proceedings nor allow landowners to
question the legality of mode of taking possession to
reopen proceedings or mode of deposit of
compensation in the treasury instead of court to
invalidate acquisition."
26. So far as the Judgment of Sukh Dutt Ratra (Supra) is
concerned, it is submitted that if the Court is satisfied that the
material produced by the State on record does not inspire
confidence, then it has to be rejected. A careful perusal of the said
judgment shows that the Hon'ble Supreme Court in that matter,
had found on facts, that the contention raised by the State does
not inspire confidence for lack of material. Para 21 of the said
Judgment is reproduced below for ready reference:
"21. Having considered the pleadings filed, this Court
finds that the contentions raised by the State, do not
inspire confidence and deserve to be rejected. The State
has merely averred to the appellants' alleged verbal
consent or the lack of objection, but has not placed any
material on record to substantiate this plea. Further,
the State was unable to produce any evidence
indicating the land of the appellants had been taken
over or acquired in the manner known to law, or that
they had ever paid any compensation. It is pertinent to
note that this was the State's position, and subsequent
findings of the High Court in 2007 as well, in the other
writ proceedings."
[Emphasis supplied]
27. The present matter is clearly distinguishable on facts, in as
much as, apart from producing copies of awards, the Respondent/
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Railways and Respondent/State have placed on record the
notification/declaration under Section 6 of the said Act in respect
of the acquisition which had taken place in the subject matter
village Kaladhonda and has also placed on record the statement
prepared during the distribution of compensation and rental
compensation. In the present case, the 7/12 extract and mutation
entries produced on record [in most cases, by the Petitioners
themselves] clearly indicate that the name of the Railways is
entered in the record of rights after mutation entries are recorded,
stating that land acquisition has taken place. All this material, in
our considered view, is sufficient to inspire confidence that the
lands of the Petitioners' forefather/s were acquired by following
due process of law and therefore, the case law relied upon by the
Petitioner in Sukh Dutta Ratra's case (Supra) also does not
advance the case of the Petitioners.
28. As a result, we find that these Petitioners have simply taken
a chance, trying to capitalize on the old nature of the acquisition
which is about 60 years. Faced with the material produced on
record by the Respondent/Railways and the Respondent/State,
the Petitioners cannot be permitted to take such a spacious plea
that no document about possession or no document regarding
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payment of compensation is available. The said plea being within
the realm of disputed questions of facts cannot be gone into in
writ jurisdiction, that too after such a long period of time.
Therefore, the Petitioners' omnibus prayers cannot be considered
by this Court. In the facts of this case, we have no hesitation to
hold that our extraordinary jurisdiction under Article 226 of the
Constitution of India is certainly not available for cases like these
29 petitions. We are of the clear view that this is an attempt to dig
old graves seeking to find chance treasures. We are afraid that our
jurisdiction cannot be exercised in aid of such efforts.
29. In the facts of this case, the observations of the Hon'ble
Supreme Court made in paragraph 14 of the Judgment of State of
Maharashtra v/s. Digambar4 assumes importance in the context
of undue delay and laches. In the said judgment, the Hon'ble
Supreme Court has explained how the State may not be able to
show that its actions were legal or correct for want of records or
for the reason of non availability of the Officers who were
responsible for the action complained of, in petitions filed after
undue delay. Paragraph 14 of the Judgment is reproduced below:
14.How a person who alleges against the State of
deprivation of his legal right, can get relief of compensation
(1995) 4 SCC 683
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from the State by invoking writ jurisdiction of the High
Court under Article 226 of the Constitution even though, he
is guilty of laches or undue delay is difficult to comprehend,
when it is well settled by decisions of this Court that no
person, be he a citizen or otherwise, is entitled to obtain the
equitable relief under Article 226 of the Constitution if his
conduct is blameworthy because of laches, undue delay,
acquiescence, waiver and the like. Moreover, how a citizen
claiming discretionary relief under Article 226 of the
Constitution against a State, could be relieved of his
obligation to establish his unblameworthy conduct for
getting such relief, where the State against which relief is
sought is a Welfare State, is also difficult to comprehend.
Where the relief sought under Article 226 of the
Constitution by a person against the Welfare State is
founded on its alleged illegal or wrongful executive action,
the need to explain laches or undue delay on his part to
obtain such relief, should, if anything, be more stringent
than in other cases, for the reason that the State due to
laches or undue delay on the part of the person seeking
relief, may not be able to show that the executive action
complained of was legal or correct for want of records
pertaining to the action or for the officers who were
responsible for such action not being available later on.
Further, where granting of relief is claimed against the
State on alleged unwarranted executive action, is bound to
result in loss to the public exchequer of the State or in
damage to other public interest, the High Court before
granting such relief is required to satisfy itself that the
delay or laches on the part of a citizen or any other person
in approaching for relief under Article 226 of the
Constitution on the alleged violation of his legal right, was
wholly justified in the facts and circumstances, instead of
ignoring the same or leniently considering it. Thus, in our
view, persons seeking relief against the State under Article
226 of the Constitution, be they citizens or otherwise,
cannot get discretionary relief obtainable thereunder unless
they fully satisfy the High Court that the facts and
circumstances of the case clearly justified the laches or
undue delay on their part in approaching the Court for
grant of such discretionary relief. Therefore, where a High
Court grants relief to a citizen or any other person under
Article 226 of the Constitution against any person including
the State without considering his blameworthy conduct,
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such as laches or undue delay, acquiescence or waiver, the
relief so granted becomes unsustainable even if the relief
was granted in respect of alleged deprivation of his legal
right by the State.
[Emphasis supplied]
30. The aforesaid observations being squarely applicable to the
facts of this case, we find that the present Petitioners are not
entitled to any relief. In the light of aforesaid facts and
circumstances, we find that there is no merit in these petitions
and the above writ petitions are dismissed. Rule is accordingly
discharged. However, there shall be no order as to costs.
31. This order will be digitally signed by the Private Secretary/
Personal Assistant of this Court. All concerned will act on
production by fax or email of a digitally signed copy of this order.
[ M.M. SATHAYE, J.] [ B. P. COLABAWALLA, J.]
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Sneha Chavan
