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2004 Supreme(Bom) 736
BOMBAY HIGH COURT AT PANAJI, GOA
P.V. HARDAS & D.G. KARNIK, JJ.
Gurudas R. Naik - Petitioner
Versus
State of Goa through the Secretary, PWD Secretariat, Panaji, Goa & Ors. - Respondents
Writ Petition No. 276 of 2001
Decided on : 6th May, 2004
Mr. J.E. Coelho Pereira, Senior Counsel with Mr. V. Korgaonkar, Advocate for the petitioner;
Mr. G.V. Tamba, Additional Government Advocate for the respondent Nos. 1 and 2;
Mr. S.D. Lotlikar, Senior Counsel with Miss. S. Dessai, Advocate, for the respondent Nos. 3 to 7.
The government's discretion in reconveying acquired land should be exercised in public interest and for a fair consideration, especially when the land is unsuitable for development.
Headnote:
Land Acquisition - Reconveyance - Land Acquisition Act, 1894 - Section 4, Section 6 - Public Works Department - Government Gazette - Land Acquisition Officer - Additional District Judge - Solatium - Reconveyance Deed
Fact of the Case:
The petitioner filed a petition seeking to quash the decision of the government to reconvey a plot of land acquired for public purpose and for mandamus ordering the government to take possession of the land from the heirs of the original owner. The government had acquired the land for laying a distribution pipeline but later abandoned the project due to safety concerns. The land was reconveyed to the heirs of the original owner with a condition to refund the compensation received with interest. The petitioner alleged that the reconveyance was against the law and public interest.
Finding of the Court:
The court found that the government had taken a decision for reconveyance and executed a reconveyance deed. It held that the land was unsuitable for development and the reconveyance was not a colorable exercise of power. The court also noted that the government should have insisted on a higher compensation for the reconveyance.
Issues: The issues involved the legality of the government's decision to reconvey the land, the adequacy of compensation, and the public interest implications of the reconveyance.
Ratio Decidendi: The court held that the reconveyance was justified due to the unsuitability of the land for development and the adverse impact on the original owners. It also directed the government to recover a higher amount as compensation for the reconveyance.
Final Decision: The writ petition was disposed of with a direction for the government to recover a higher amount as compensation for the reconveyance.
P.V. Hardas, J.––This petition, ostensibly in public interest, has been filed by the petitioner seeking for issuance of a writ for quashing the decision of respondent Nos. 1 and 2 to recovery plot bearing chalta No. 31 (Part 1) of P.T. Sheet No. 105 in favour of respondent Nos. 3 to 7 and for quashing the deed of reconveyance dated 23rd November. 2000. The petitioner has also prayed for issuance of a writ of mandamus ordering the respondent Nos. 1 and 2 to take possession of the said land from respondent Nos. 3 to 7.
2. The facts as are necessary for the decision of this petition are stated hereunder :––
The Government initiated proceedings for acquisition of land admeasuring 168 sq. metres comprising of portion of the property bearing chalta No. 31-A of P.T. Sheet No. 105 situated at Fontainhas, Mala Panaji, for laying the distribution pipeline of 100 mm diameter for supplying water from the Altinho Reservoir to the Patto area and other parts of Panaji. The first respondent had acquired this land, along with other stretches of land, from one late Shri Babuli Pednekar. The notification under Section 4 for the acquisition of the land was issued on 4th February, 1977 and was published in the Government Gazette dated 17th March, 1977. A declaration under Section 6 of the Land Acquisition Act was issued dated 12th July, 1977, which, was published in the Government Gazette dated 21st July, 1977. In furtherance of the various other steps for the acquisition of the land, an award was made by the Land Acquisition Officer dated 31st October, 1977, awarding compensation of Rs. 7,314/- for the acquisition of the land admeasuring 168 sq. metres. The price offered by the Land Acquisition Officer for acquisition of the said land was Rs. 30/- per sq. metres. It appears that the original owner Shri Babuli Pednekar, filed a reference, for enhancement of the compensation and the learned Additional District Judge, Panaji, enhanced the rate to Rs. 150/- per sq. metre, awarding solatium and interest as permissible under the Land Acquisition Act. The enhanced compensation worked out to Rs. 19,112/-. It appears that the difference in the compensation awarded by the Land Acquisition Officer and enhanced by the learned Additional District Judge, Panaji, amounting to Rs. 11,718/-, though deposited in the Court was not collected by the owner and as such remained unpaid.
3. The Government decision of laying pipeline for which the said land admeasuring 168 sq. metres came to be acquired; was abandoned because of landslide which occurred in 1991-1992 on account of heavy rains and also as it was realized that laying of new pipeline was not possible due to the steep slope of the hill. The Government also felt that had the old pipeline been reinstalled, there was every possibility of accident endangering human life and causing damage to the houses in the neighbouring area. Accordingly, therefore, respondent Nos. 3 to 7, who are the heirs of the original owner requested for reversion of the said land admeasuring 168 sq. metres as the land was not suitable for the public purpose for which it was acquired. The Government took a decision of reverting the said land to the heirs of late Shri Babuli Pednekar on the condition that the compensation received/awarded to them is refunded back to the Government with interest at the rate of 15% per annum. This amount was worked out to Rs. 32,448/- and the said amount was duly received by the Government on 8th November, 2000, vide receipt No. 96 for Rs. 31,606/- and vide receipt No. 37 dated 24th November, 2000, for Rs. 842/-. A deed of reconveyance came to be executed on 9th July, 2001, reconveying the said land admeasuring 168 sq. metres in favour of the respondents/heirs of late Shri Babuli Pednekar. The deed of reconveyance was registered on 19th July, 2001, in the office of the Sub-Registrar.
4. The petitioner meanwhile, by his letter dated 25th May, 2001, sought information from the second respondent concerning th
