1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION jmi CHAMBER SUMMONS NO.1656 OF 2007 IN LAND ACQUISITION REFERENCE NO.4 OF 2003. The Special Land Acquisition Officer (3). ..Plaintiff. vs. Shri Padamshi Hirji & Ors. ..Claimants. And The Deputy Chief Engineer (C) Metropolitan Transport Project (Railway) ..Acquiring Body. And Mumbai Metropolitan Regional Development Authority. ..Applicant. .... Mr. R.J. Mane, AGP, for SLAO. Mr. Birendra Saraf, a/w. V.V. Yadav, for Claimant Nos. 1 to 5. .... CORAM : S.J.KATHAWALLA, J. DATE : 15TH JULY 2009. P.C. This chamber summons is taken out by the applicant seeking directions to amend the land acquisition reference to bring the applicants- MMRDA (Mumbai Metropolitan Regional Development Authority) on record as per the schedule annexed to the chamber summons. Earlier, similar application was made before this Court by way of chamber summons no.174 of 2006 which chamber 2 summons was rejected inter-alia by the following order/observation:- “Ultimately if the applicant sets up a right accrued or devolved post award, it has to go by section 30 and that clearly and plainly means approaching the Collector and making an application seeking the relief which is provided by the Statute. ......... Needless to state that the discretionary powers would be exercised by the Collector considering all facts and circumstances of the case. No opinion on the rights of the applicant to receive compensation has been expressed by me and it is open for the collector to exercise his discretion in accordance with law. Eight week’s time is granted to the applicant to apply to the Collector and invoking his discretion in the matter.”. 2. It is submitted on behalf of the applicants that they had made an application dated 29 th August 2007 for declaration that 3 MMRDA is entitled to claim 80% of the compensation for payment of acquisition of the land admeasuring 670.6 sq.mtrs., bearing CTS Nos. 4130, 4131, 4132, 4133, 4134, 4159 (pt.) of Village Kirol, Taluka Kurla in award dated 22 th December 2000, for laying 5 th and 6 th railway line between Kurla and Thane for Central Railway. The learned Advocate for the applicants has relied upon the order passed by the Additional Collector dated 30 th June 2009 which reads :- “Pursuant to the request made dated 29 th August 2007 by the MMRDA and according to the order of the Court mentioned by the Government Pleader in letter dated 18 th June 2009, the MMRDA is impleaded as claimant in Land Acquisition Reference No.4 of 2003.” 3. It is an admitted fact that the applicants by their application dated 29 th August 2009 have set up a right accrued or devolved on them post award. The Collector is therefore required to hear all the parties concerned and thereafter, given his reasoned 4 finding, whether applicants have set up a right, accrued or devolved on them post award. Again admittedly, application under section 30 was not served on any of the claimants and no hearing was given to them. No reasons are set out by the Additional Collector in his order dated 30 th June 2009, whether according to him the applicants have satisfied him on the issue of any right having accrued or devolved post award on them but has only ordered their impleadment as claimants in L.A.R. No.4 of 2003 because of the request made by the applicant and because of the order passed by this Court dated 18 th June 2009. 4. In view thereof, in my view, the applicants have not complied with the order dated 24 th April 2006 and in any event, the Collector has passed his order without application of mind and without following the principles of natural justice. 5. In view thereof, question of allowing chamber summons does not arise and the chamber summons is rejected. However, the Collector may after hearing all the parties concerned, pass a reasoned order as to why the applicants should be joined as claimants in L.A.R. 5 No.4 of 2003. The applicants would thereafter be at liberty to take out appropriate proceedings to join themselves as claimants to the said L.A.R. 6. Chamber summons is accordingly disposed of with no order as to costs. [ S.J.KATHAWALLA, J. ]