The Bombay High Court deals with a protracted dispute over the acquisition of ancestral property for CIDCO's Navi Mumbai project. The case involves land acquisition under the Land Acquisition Act, 1894, and the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The court adjudicates competing claims of family members, challenges to acquisition procedures, and issues related to compensation.

The court resolved three writ petitions concerning:

1. Completion of land acquisition.
2. Payment of balance compensation to rightful owners.
3. Dismissal of vexatious claims questioning the legitimacy of the acquisition.

1. Background of the Dispute (Paras 2-7):

• The case concerns land in Asudgaon village, originally inherited by three brothers (Anand, Ashok, and Atul) from their father.
• The land was notified for acquisition in the 1970s but remained incomplete until reinitiated in 2012 and 2018 under separate laws.

2. Family Disputes and Litigation History (Paras 8-13):

• Anand's son, Ranjit, challenged the acquisition, claiming ancestral property rights.
• Court Receiver involvement due to earlier family disputes (1970) added complexity.

3. Land Acquisition Process (Paras 14-20):

• Notifications issued under the 1894 and 2013 Acts; compensation partly paid to landowners.
• CIDCO's contradictory stance on whether acquisition had been completed.

4. Role of the Court Receiver (Paras 21-25):

• Court clarified the Subject Property was released from the Court Receiver's custody in 2003.
• Contempt petitions alleging wrongful possession transfer dismissed.

5. Court Findings (Paras 26-31):

• Acquisition valid; advance compensation lawful.
• Ranjit's repeated litigation dismissed as vexatious.
• State directed to compute and release balance compensation.

6. Order and Directions (Paras 32-35):

• Demands for refund of advance compensation quashed.
• Ranjit directed to pay costs for vexatious litigation.
• Inquiry ordered into State authorities' conduct.

Acts and Sections Discussed:

1. Land Acquisition Act, 1894: Initial acquisition proceedings initiated under Sections 4, 6, and 9.
2. Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013: Re-acquisition under the new law for enhanced compensation.
3. Constitution of India: Property rights discussed in the context of constitutional guarantees.

Ratio Decidendi:

The court ruled that:

1. Advance compensation is lawful when possession is handed over under statutory policies.
2. Once acquisition proceedings commence, disputes over apportionment must not delay compensation.
3. Vexatious litigation based on outdated claims, unsupported by material evidence, cannot obstruct legitimate acquisition.

Subjects:

Land Acquisition, Family Dispute over Ancestral Property, and Compensation.

CIDCO, Right to Property, Family Dispute, Compensation Law.