-: 1 :- HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION LAND ACQUISITION REFERENCE NO. 4 OF 1978 The Special Land Acquisition Officer-7. And 1. Trustees of Parsi Panchayat. 2. P.D.Zilla. ..Claimants. Ms. Manjiri Shah i/b M/s. Mulla & Mulla & Craigie Blunt & Caroe for the Claimant No.1. Ms. Uma Palsule-Desai, AGP for SLO. Coram : R. V. MORE, J. Date : March 4, 2010. P. C. : 1. Heard learned counsel for the Claimant no.1 – the trustees of Parsi Panchayat Trust and learned AGP for the State. The above reference is filed under section 30 of the Land Acquisition Act, 1894 for the apportionment of compensation amount between the Claimants – the trustees of Parsi Panchayat Trust and one Mr. P. D. Zilla, now deceased. 2. The reference came to be filed as the said Mr. P.D.Zila claimed ownership in the property acquired by the Government. 3. The amount of Rs.99,737/- was awarded by the land acquisition officer by passing an award under section 12 of the Land Acquisition Act and the said amount was deposited in the above reference on 10th February 1978. Thereafter on 8th April, 1987, order was passed by this Court thereby deferring the disbursement of the money deposited by the Land -: 2 :- Acquisition Officer till the title dispute between the the Claimants – the trustees of Parsi Panchayat Trust and Mr. P.D.Zila is decided by the Court of competent jurisdiction. 4. The Claimant - trustees of Parsi Panchayat Trust also filed reference under section 18 of the Land Acquisition Act, 1894 being Reference No. 33 of 1978. The said reference was disposed of by this Court by passing an award on 13th July 1999 thereby granting enhanced compensation of Rs. 8,18,508.40 paise. This order was challenged by the Municipal Corporation - acquiring body by filing Appeal No.292 of 1999. The said Appeal was disposed of and the claimant was held to be entitled to the enhanced compensation to the extent of Rs.6,54,915.40 only with interest. In pursuance of this order, the acquiring body has deposited an amount of Rs.7,45,459.40 paise in the account of above reference. 5. The Claimant - trustees of Parsi Panchayat Trust filed title suit, being Suit No. 40 of 1982 in this Court and said Mr. P.D.Zila had also filed counter suit being Suit No. 58 of 1982 to establish his title. Both the suits were decided by a common judgment and decree dated 30th September 2004. The suit of the Claimant - trustees of Parsi Panchayat Trust came to be decreed and the suit filed by Mr.P.D.Zilla came to be dismissed. Said Mr. P.D.Zilla filed an appeal before the Division Bench of this Court and the same was also dismissed on 22nd July 2005. Said Mr. P.D.Zilla had passed away in the month of November 2005. Thus, the common judgment and order dated 30th September 2004 passed by this Court in Suit Nos.40 of -: 3 :- 1982 and 58of 1982 has become final and the Claimant – the trustees of Parsi Panchayat Trust are declared owners of the land acquired by the Municipal Corporation - acquiring body. 6. The order of the Appellate Bench in appeal No. 292 of 1999 thereby fixing the enhanced compensation at Rs.6,54,915.40 paise with interest has also become final as neither the Claimant – the trustees of Parsi Panchayat Trust nor the Municipal Corporation - the acquiring body has filed any proceeding in the Apex Court challenging this order. 7. In these circumstances the Claimant - trustees of Parsi Panchayat Trust are entitled for the amount deposited initially by the Land Acquisition Officer in the above reference on 10th February 1978 and the amount deposited by the acquiring body purusant the order passed in an appeal bearing No. 292 of 1999. Since the title dispute is decided in favour of the Claimant - trustees of Parsi Panchayat Trust by the Court of competent jurisdiction the above reference will not survive. In the above facts and circumstances, the above reference is disposed of by passing following order. : O R D E R : (i) The Claimant - trustees of Parsi Panchayat Trust are entitled to withdraw the amount of Rs.99,337 deposited by the Land Acquisition Officer on 10th February 1978 together with interest accrued on it as well as the amount of Rs.7,45,459.40 paise deposited by the Municipal Corporation - the acquiring -: 4 :- body pursuant to the order passed by the Appellate Bench of this Court in Appeal No. 252 of 1999 together with interest accrued on it . (ii) Land Acquisition Reference stands disposed of. (R.V. MORE, J.)