AJN 16-AS-WP2343.11 : 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2343 OF 2011 Ashok Gangadhar Puranik & Ors. ... Petitioners Vs. City and Industrial Development Corporation & Ors. ... Respondents Mr. S.S. Kulkarni for the petitioners. Mr. G.S. Hegde i/b G.S. Hegde & Associates for respondent 1. Mr.Vijay Patil, Government Pleader for respondents 2 to 5. CORAM: SMT. RANJANA DESAI, & R.G. KETKAR, JJ. DATED : 16TH AUGUST, 2011. P.C.:- 1. The petitioners are owners of land bearing Survey No.59/8 situated at Village Asudgaon, Taluka Panvel, District Raigad. Respondent 1 is the Authority constituted under Section 113(3A) of the Maharashtra Regional and Town Planning Act, 1966 and is a new Town Planning Authority for the purpose of Navi Mumbai. AJN 16-AS-WP2343.11 : 2 : 2. It appears that the petitioners' land is earmarked for Navi Mumbai project and it is to be handed over to respondent 1 i.e. CIDCO after acquisition. In short, the grievance of each one of the petitioners is that though in respect of their land, notification under Section 4 of the Land Acquisition Act was issued by the State Government on 3/2/1970, till date, the land is not acquired. According to the petitioners, this inaction on the part of the respondents is causing great prejudice to the petitioners. 3. Affidavit in reply has been filed by Ms. Rashmi Anand Chalwade, the Assistant Law Officer of respondent 1. Paragraphs 4 and 5 of the said affidavit are material and, hence, we quote them. “4. I say that the purpose of acquiring in a phased manner was to enable the Respondent Corporation to properly plan the development of the city. I further say that subject lands mentioned in the Petition falls in the notified area of New Towns of Navi Mumbai and the said land is required for the purpose of development & therefore, Respondent No.1 CIDCO has forwarded a proposal to AJN 16-AS-WP2343.11 : 3 : the Collector, Raigad for acquisition of the said land under Land Acquisition Act, 1894, vide its letter No.CIDCO/Bumi/Bhus/VK/2011/Asudgaon 1727 dated 18/5/2011. I shall rely on the said letter as and when produced. I say that the proposal is pending before the Collector, Raigad and on its approval further steps shall be taken by the State Government for acquiring present lands. 5. I further say that the Petitioner has contended that after acquisition of the land, he should be granted benefit of 12% scheme. The 12.5% scheme is formulated by the State Government, vide Government Resolutions dtd. 6th March 1990 and 28th October 1994 and if the Petitioner fulfills the eligibility criteria, then only the Petitioner will be entitled to get the benefit. Therefore, claim of the Petitioner is prematured and liable to be rejected.” 4. Affidavit in reply has also been filed on behalf of respondent 2 by Mr. Nandkumar Madhav Koshti, Deputy Collector (Land Acquisition), Metro Centre No.1, Panvel, District Raigad. Paragraph 4 thereof is important. It reads thus: “4. I say that pursuant to the proposal sent by CIDCO for acquisition fo land, AJN 16-AS-WP2343.11 : 4 : the Collector, Raigad has taken steps to acquire the lands in question and accordingly, Deputy Collector (Land Acquisition), Metro Centre No.1, Panvel, District-Raigad has been authorized to complete the land acquisition proceedings by following procedure contemplated under the Land Acquisition Act. I say that accordingly, the Deputy Collector (Land Acquisition) Metro Centre No.1, Panvel, District- Raigad has received the order dated 12.7.2011 from the Collector, Raigad. Hereto annexed and marked as Exhibit-1 is a copy of the order dated 12.7.2011 of the Collector, Raigad, directing the Deputy Collector (Land Acquisition), Metro Centre No.1, Panvel, District-Raigad to proceed with acquisition proceedings. I say that accordingly, the Deputy Collector (Land Acquisition) Metro Centre No.1, Panvel, District-Raigad shall take necessary steps to acquire subject land in accordance with law and the said process shall take about two years provided the Petitioners, land owners and the acquiring body i.e. CIDCO, cooperate with the land acquisition authority.” 5. It is clear from the above paragraphs of the affidavits of respondent 1 and 2 that the State proposes to take necessary steps to acquire the said land in accordance with law and according to the State, the process shall take AJN 16-AS-WP2343.11 : 5 : about two years. Counsel for the petitioners on behalf of the petitioners states that the petitioners are ready and willing to hand over possession of the said land within a period of one week from today. 6. Our attention is drawn by learned counsel for the petitioners to order dated 8/7/2005 passed by the Division Bench of this court in Writ Petition No.1191 of 2005 wherein in similar fact situation, the Division Bench directed the concerned SLAO to initiate acquisition proceedings in respect of the land of the petitioners and declare the award and pay amount of compensation to the petitioners within one year from the date of the order. In our opinion, similar order is required to be passed in this petition. 7. So far as the prayer of the petitioners that the respondents should be directed to allot the lands under 12.5% Scheme to him in time bound programme is concerned, we find from paragraph 5 of the affidavit of AJN 16-AS-WP2343.11 : 6 : respondent 1 which we have quoted above, that if the petitioners fulfill the eligibility criteria then respondent 1 is inclined to consider the petitioners’ case. In the circumstances of the case, we pass the following order : 8. Respondent 5 is directed to take action on the proposal submitted by the Collector, Raigad for acquisition of the petitioners’ land vide its letter No.CIDCO/Bumi/Bhus /VK/2011/Asudgaon 1727 dated 18/5/2011. Respondent 5 is also directed to initiate acquisition proceedings in respect of the petitioners’ land and declare the award and pay amount of compensation to the petitioners within one year from today subject to other claims. 9. So far as the prayer of the petitioners regarding allotment of land under 12.5% scheme is concerned, if the petitioners fulfill the eligibility criteria, his application may be considered in accordance with law. The said application should be disposed of within six months from today. AJN 16-AS-WP2343.11 : 7 : 10. The petition is disposed of. [SMT. RANJANA DESAI, J.] [R.G. KETKAR, J.]