Case Note & Summary
The dispute arose from three writ petitions filed before the Bombay High Court concerning land bearing Survey No. 51/0 at village Ulwe, Taluka Panvel, District Raigad, admeasuring about 157 acres 25 gunthas. The Bivalkars, claiming ownership through grants dating back to 1816 and a Privy Council declaration of their inamdar rights in 1936, alleged that the State Government transferred the land to the City and Industrial Development Corporation (CIDCO) without acquiring it under the Land Acquisition Act, 1894, and without paying compensation. The Collector, Raigad, by order dated 28 February 1989, while accepting the Bivalkars' title, directed compensation under the Maharashtra Private Forest (Acquisition) Act, 1975, which the Bivalkars challenged. They also contended that possession was taken under a management agreement under the Indian Forest Act, 1927, and not through lawful acquisition. Meanwhile, CIDCO sought declarations that the Bivalkars were not owners and that the land vested in the government and was transferred to CIDCO for the Navi Mumbai project. Earlier orders in 2005 disposing of one petition were recalled in 2012, reviving the proceedings. The core issues involved the validity of the Collector's order, the applicability of land acquisition provisions, and the competing claims to title and possession. The judgment text provided does not include the arguments advanced, the court's analysis, or the final decision.
Issue of Consideration
WRIT PETITION NO. 3378 OF 1989
Case Details
2014 LawText (BOM) (10) 27
WRIT PETITION NO. 3378 OF 1989, WRIT PETITION NO. 2326 OF 2010, WRIT PETITION NO. 7963 OF 2010
Anoop V. Mohta, A. A. Sayed
Mahendra Ghelani, Hamid Kadiani, Sneha Wani, V.A. Thorat, A.M. Kulkarni, D.J. Khambatta, Nitin Deshpande
Smt. Indirabai Narayan Bivalkar (Deceased) through L.Rs. Gangadhar Narayan Bivalkar and Yashwant Narayan Bivalkar; Gangadhar Narayan Bivalkar and Yashwant Narayan Bivalkar; City & Industrial Development Corporation of Maharashtra Ltd.
The State of Maharashtra, through the Secretary, Revenue and Forest Department; The Collector, Raigad District, Alibag; City & Industrial Development Corporation Ltd.; Union of India; Airports Authority of India; The Secretary, Forest Department, State of Maharashtra
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Nature of Litigation
The litigation involves three writ petitions concerning ownership and possession of agricultural land at Survey No. 51/0, village Ulwe, Taluka Panvel, District Raigad, and the claim for compensation for its transfer to CIDCO without formal acquisition under the Land Acquisition Act, 1894.
Remedy Sought
The Bivalkars sought quashing of the Collector's order dated 28-02-1989, declaration that the order is unlawful, payment of compensation under the Land Acquisition Act, 1894, restoration of possession, and compensation for wrongful use. CIDCO sought declarations that the Bivalkars are not owners, that the land vested in the Government and was transferred to CIDCO, and that CIDCO is entitled to use the land for the Navi Mumbai project.
Filing Reason
The Government transferred the land to CIDCO without acquiring it under the Land Acquisition Act and without paying compensation. The Collector's order dated 28-02-1989 directed compensation under the Maharashtra Private Forest (Acquisition) Act, 1975, which was unsatisfactory to the Bivalkars. CIDCO filed to establish its title and right over the land.
Previous Decisions
Orders dated 08-12-2005 and 20-12-2005 in Writ Petition No. 3378 of 1989 were recalled on 02-02-2012 in Review Petition (L) No. 32281 of 2011. The Privy Council in Vinayakrao Dhundiraj Bivalkar Vs. Secretary of State (AIR 1936 PC 312) declared the Bivalkars' title as inamdars with full proprietary rights.
Issues
Whether the Collector's order dated 28-02-1989 directing compensation under the Maharashtra Private Forest (Acquisition) Act, 1975 is lawful.
Whether the Government could transfer the land to CIDCO without acquiring it under the Land Acquisition Act, 1894.
Whether the Bivalkars retained ownership rights after the Bombay Personal Inam Abolition Act, 1952 and the management agreement under the Indian Forest Act, 1927.
Whether CIDCO has any title or right to possess and use the land for the Navi Mumbai project.
Judgment Excerpts
The declaration will be as claimed in the Plaint ending with the words “within their limits”. The right to possession and to mense profits follows.
The grievance of Bivalkar is that without acquisition and payment of compensation, solatium, interest etc. the subject land has been wrongfully handed over by the Government to CIDCO.
the Collector Raigad, who, while accepting the title of Bivalkar in the subject land and their entitlement to compensation, directed compensation to be paid to Bivalkar under the Maharashtra Private Forest (Acquisition) Act, 1975.
Procedural History
In 1816, grants were given to predecessors of the Bivalkars. In 1952, the Bombay Personal Inam Abolition Act was enacted, coming into force on 01-08-1953. In 1957, the village was surveyed and the property assigned Survey No. 51. On 21-01-1959 and 21-10-1959, an agreement under Section 38(2) of the Indian Forest Act, 1927 was entered into for management of the lands. On 28-02-1989, the Collector Raigad passed an order directing compensation under the Maharashtra Private Forest (Acquisition) Act, 1975. Writ Petition No. 3378 of 1989 was filed. On 08-12-2005 and 20-12-2005, orders were passed disposing of that petition. On 14-12-2009, an order was passed in Writ Petition No. 7438 of 2009 directing status quo. On 01-02-2010, that petition was withdrawn. On 17-03-2010, Writ Petition No. 2326 of 2010 was filed. In 2011, Review Petition (L) No. 32281 of 2011 was filed by the State. On 02-02-2012, the 2005 orders were recalled and Writ Petition No. 3378 of 1989 restored. Writ Petition No. 7963 of 2010 was filed by CIDCO. On 25-09-2014, the matters were reserved for judgment, and on 14-10-2014, the judgment was pronounced.
Acts & Sections
- Land Acquisition Act, 1894:
- Maharashtra Private Forest (Acquisition) Act, 1975:
- Indian Forest Act, 1927: 38(2)
- Bombay Personal Inam Abolition Act, 1952: 4, 5, 7, 9, 10, 17
- Maharashtra Regional Town Planning Act:
- Constitution of India: Article 14, Article 227
