1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION LAND ACQUISITION REFERENCE NO.1 OF 2007 The Special Land Acquisition Officer (3) ... Acquiring Officer. And Smt. Bridget D’Souza & Ors ...Claimants. And Divisional Engineer (L.M.) 3 rd floor, Telephone House, V.S. Marg, Dadar (West), Mumbai 400 028 ... Acquiring Body None for the claimants. Ms. Calcuttawalla AGP for SLAO. Ms. S.J. Shah for Acquiring Body. CORAM: V.M. KANADE, J. DATE : 14 th September, 2009 P.C.: 1. None appearing on behalf of the claimants. 2. The Land in question was acquired for construction of Telephone Exchange Building. A report has been filed by SLAO under section 31(2) of the Land Acquisition Act, 1894. 2 After declaration of the award, possession of the land in question was given by claimants on 17/11/1994. Before handing over possession, claimants by letter dated 31/10/1994 informed the Office of the SLAO that they are prepared to surrender the land under acquisition on receiving full ‘Transfer of Development Rights’ (TDR) for the said land. This application for TDR was rejected by the Office since the award was already passed by the SLAO. 3. Thereafter, Secretary, Urban Development Department of Maharashtra State Government had given consent to grant TDR by letter dated 15/11/1994. Thereafter, Under Secretary to Government directed SLAO and M.C.G.M. by letter dated 21/11/1997 that compensation will have to be given to the Municipal Corporation and, thereafter, M.C.G.M. has to grant the TDR to the claimants. Thereafter, M.C.G.M requested claimants to submit their application for TDR through acquiring body and also to submit an undertaking from the acquiring body i.e M.T.N.L. 4. In the present case, compensation amount has already been deposited by the M.T.N.L. with SLAO and the claimants were under an obligation to file an application in the 3 prescribed form to M.C.G.M seeking TDR. The M.C.G.M., however, is claiming scrutiny fee of Rs 1,29,000/- for the said proposal. This amount has not been paid by the claimants. The owners/claimants by letter dated 16/03/2007 informed the Acquisition Officer that they are interested in TDR and not compensation. In view of this letter, it appears that the owners/claimants are not interested in seeking enhanced compensation. 5. The compensation amount has been deposited by SLAO with the Prothonotary & Senior Master, High Court, Bombay on 04/07/2007. The SLAO is permitted to withdraw this amount and deposit this amount in a Fixed Deposit in any Nationalized Bank. The owners/claimants shall file fresh application for TDR to M.C.G.M. M.C.G.M., however, shall not charge scrutiny fee for processing the said application for TDR. The consent is already granted by the Under Secretary to Government of Maharashtra for granting TDR after application is files by the claimants for TDR. The SLAO may deposit the compensation amount with the M.C.G.M and, thereafter, M.C.G.M will grant TDR in accordance with law. In the present case, what has to be noted is that though the award was passed before the compensation was handed over to 4 owners/claimants, they had made demand for TDR and only on assurance being given by the Government, possession of the land was given under protest on 17/11/1994. Prima facie, therefore, it does appear that the Government Circular dated 3/2/2007 may not come in the way of owners/claimants claiming TDR from M.C.G.M. All these questions are kept open and M.C.G.M and the appropriate authority shall consider the same expeditiously and, in any case, within a period of six months. The owners/claimants are directed to make an application before the M.C.G.M for TDR within four weeks from today. 6. Copy of this order be communicated to the owners/claimants by the Office as also by SLAO within two weeks from today by Registered Post A.D and by other modes. 7. In this view of the matter, LAR No.1 of 2002 does not survive and the same is disposed of. Liberty, however,is granted to claimants to apply if TDR is not granted in their favour. (V.M. KANADE, J.)