The decision of the District Court on a reference under sub-section (1) of section 34 of the Maharashtra Industrial Development Act, 1961, is appealable to the High Court and further to the Supreme Court.

Headnote:
LAND ACQUISITION - MAHARASHTRA INDUSTRIAL DEVELOPMENT ACT, 1961 - SECTION 34 - INTERPRETATION - APPEALABILITY OF DISTRICT COURT'S DECISION ON REFERENCE UNDER SECTION 34 - WHETHER MAINTAINABLE - WRIT PETITIONS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION TO CHALLENGE THE JUDGMENT OF THE ASSISTANT JUDGE, SOLAPUR - MAINTAINABILITY.
Fact of the Case:

The State of Maharashtra acquired 540 acres of land under the Maharashtra Industrial Development Act, 1961, for the purpose of development by the Maharashtra Industrial Development Corporation. The land owners challenged the compensation awarded by the Special Land Acquisition Officer and filed a reference to the District Court under section 34 of the Act. The District Court, ignoring the amendment to section 34, proceeded to dispose of the reference as an appeal and did not permit the claimants to lead evidence to establish the market value of the lands. The Division Bench of the High Court set aside the order of the District Judge and remitted the proceedings back to the District Court with a direction that opportunity should be given to the parties to lead evidence and then the proceedings should be decided be treating as a reference under section 18 of the Land Acquisition Act. On remand, the Assistant Judge awarded compensation at the rate of Rs. 15,000/- per acre and an additional amount of Rs. 500/- per acre in respect of lands bearing certain Survey Nos. The State Government and the claimants challenged the judgment of the Assistant Judge by filing writ petitions under Articles 226 and 227 of the Constitution.
Finding of the Court:

The High Court held that the writ petitions filed under Articles 226 and 227 of the Constitution to challenge the judgment of the Assistant Judge, Solapur, were not maintainable as an appeal was permissible against the decision recorded by the District Court under sub-section (1) of section 34 of the Act. The Court interpreted sub-section (1) of section 34 and held that the provisions of Part III of the Land Acquisition Act, including the provisions relating to appeals, were applicable to the reference made under sub-section (1) of section 34 to the District Court. The Court further held that the expression "decision of the Court" under sub-section (2) of section 34 of the Act could not be restricted only to the principal Civil Court of Original Jurisdiction, but extended to the decision of the Court in accordance with the hierarchy of courts, including the High Court and the Supreme Court.
Issues: 1. Whether the writ petitions filed under Articles 226 and 227 of the Constitution to challenge the judgment of the Assistant Judge, Solapur, were maintainable? 2. Whether an appeal was permissible against the decision recorded by the District Court under sub-section (1) of section 34 of the Act?
Ratio Decidendi: 1. The Court held that the writ petitions were not maintainable as an appeal was permissible against the decision of the District Court under sub-section (1) of section 34 of the Act. 2. The Court interpreted sub-section (1) of section 34 and held that the provisions of Part III of the Land Acquisition Act, including the provisions relating to appeals, were applicable to the reference made under sub-section (1) of section 34 to the District Court. The Court further held that the expression "decision of the Court" under sub-section (2) of section 34 of the Act could not be restricted only to the principal Civil Court of Original Jurisdiction, but extended to the decision of the Court in accordance with the hierarchy of courts, including the High Court and the Supreme Court.
Final Decision: The Court held that the writ petitions filed under Articles 226 and 227 of the Constitution to challenge the judgment of the Assistant Judge, Solapur, were not maintainable and granted permission to the parties to convert the writ petitions into appeals on payment of the requisite Court fees.

JUDGMENT - PENDSE M.L., J.:---This petition filed by the State of Maharashtra under Article 227 of the Constitution and the group of companion writ petitions filed by the State Government and various claimants are directed against judgment dated July 6, 1982 delivered by Assistant Judge, Solapur, in proceedings commenced under Chapter VI of the Maharashtra Industrial Development Act, 1961, for acquisition of large tracts of land admeasuring 540 acres, 26 gunthas and 34 annas situate adjoining the boundary of Solapur Municipal Corporation and within the compass of Solapur revenue village.

The Maharashtra Legislature passed the Maharashtra Industrial Development Act, 1961, being Maharashtra Act No. III of 1962 (hereinafter referred to as the 'Act') to make special provision for securing the orderly establishment in industrial areas and industrial estates of industries in the State of Maharashtra, and to assist generally in the organisation thereof, and for that purpose to establish an Industrial Development Corporation. The Act came into force on March 1, 1962 but Chapter VI can come into operation only from such date as the State Government notifies in the Official Gazette. Section 3 provides for establishment of Corporation by the name of Maharashtra Industrial Development Corporation for the purpose of securing and assisting in the rapid and orderly establishment and organisation of industries in industrial areas in the State of Maharashtra. Chapter VI deals with the subject of acquisition and disposal of land. Section 32 inter alia provides that if at any time the State Government is satisfied that any land is required for the purpose of development by the Corporation, then the State Government may acquire such land by publishing in the Official Gazette a notice specifying the particular purpose for which such land is required and stating that the Government has decided to acquire the land. The section demands that before publishing a notice, the State Government shall by another notice call upon the owner of the land or any other person who is interested therein, to show cause why the land should not be acquired. After considering the cause, if any, shown by the owner of the land, the State Government is authorised to pass appropriate orders. Sub-section (4) of section 32 provides the land shall vest absolutely in the State Government free from all encumbrances when notice under sub-section (1) is published in the Official Gazette. Section 33 deals with the liability of the State Government to pay compensation for acquisition of the land. The section inter alia provides that amount of compensation can be determined by agreement between the State Government and the person to be compensated. In case the agreement cannot be reached, then the State Government shall refer the case to the Collector for determination of the amount of compensation to be paid for such acquisition and the person or persons to whom such compensation shall be paid. Sub-section (5) of section 33 provides that in determining the amount of compensation, the Collector shall be guided by the provisions contained in sections 23 and 24 and other relevant provisions of the Land Acquisition Act, 1894. It further prescribes that the date of publication of notice under sub-section (2) of section 32 shall be treated as the date of publication of the notification under section 4 of the Land Acquisition Act while the notice under sub-section (1) of section 32 shall be considered as publication of declaration under section 6 of the Land Acquisition Act.

2. Initially, section 34 of the Act read as under :-

"34(1). Any person aggrieved by the decision of the Collector determining the amount of compensation may, within sixty days from the date of such decision, insofar as it affects him, appeal if the land acquired is situate in Greater Bombay to the City Civil Court, and elsewhere to the District Court (hereafter in this chapter referred to as the Court).

(2) The decisio

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