The court affirmed that compliance with land acquisition laws is mandatory, rejecting claims that electricity regulations supersede these laws.

JUDGMENT :

Somasekhar Sundaresan, J.

1. The challenge in this Writ Petition is to the acquisition of land admeasuring 6685 sq.mtrs bearing Survey No.432(P), situate at Village Panchpakhadi, Tal. Thane, District Thane (“the Subject Land”) by the Maharashtra State Electricity Board (“MSEB”), without complying with due process of law as stipulated under the Land Acquisition Act, 1894 (“the Land Acquisition Act”). A 22/11 KV electricity sub-station and staff quarters (for convenience, collectively referred to as the “Sub-Station”) of the Maharashtra State Electricity Distribution Company Limited (“MSEDCL”), the successor in interest of the MSEB, stand on the Subject Land. The Petitioners allege usurpation of land by reason of compensation not having been paid, and seek application of due process for award of compensation in accordance with law.

2. Petitioner No. 1 to Petitioner No. 4 are siblings and offspring of one Late Shri Damodarprasad Bhadani. Petitioner No. 5 is the widow of the Late Shri Damodarprasad Bhadani. MSEDCL is Respondent No. 1. After the unbundling of multiple roles of the state electricity boards pursuant to the Electricity Act, 2003, the MSEB was disbanded, with the electricity distribution activity in Maharashtra along with attendant assets including the Subject Land, vested in MSEDCL. M/s Unit Arsens Developers, a Partnership Firm, which has developed the land around the Subject Land, and had handed over possession of the Subject Land to MSEB in 1984, is Respondent No. 2. The State of Maharashtra through the Collector, Thane is Respondent No.3.

Petitioners’ Contentions:

3. It is the case of the Petitioners that a much wider parcel of land was earlier owned by the extended Bhadani Family (including the sibling of the Late Damodarprasad Bhadani and his family). Pursuant to a Consent Decree among the extended Bhadani Family dated March 19, 1971 in Suit No. 221 of 1960, the ownership and possession of the Subject Land (as part of a much larger tract of land admeasuring about 55687.78 sq. mtrs.) came to be vested in the Late Shri Damodarprasad Bhadani. The Petitioners have inherited as co-owners, various properties at Thane at Village Panchpakhadi, bearing Survey Numbers 428 to 434 and a part of Survey No.485. This includes the Subject Land [Survey No. 432(P)].

4. According to the Petitioners, the Petitioners’ late father and their uncle had engaged Respondent No.2 to develop various parts of the land held by them respectively. The Subject Land is said to abut a slum area, and no effective demarcation and survey of the land had been conducted. The Late Shri Damodarprasad Bhadani is said to have submitted a scheme for housing for weaker sections and by an order of the Competent Authority dated 25th October, 1979, which was further modified vide order dated 27th August, 1980, the Petitioners state, the land owned by them was proposed to be developed, and necessary sanctions from the Thane Municipal Corporation were sought. The Petitioners state that the Bhadani Family granted Respondent No.2 development rights in respect of certain parcels of land, retaining the right to execute conveyance to the society that would eventually be formed by those who acquired the developed properties. The 7/12 extract would show that the Subject Land stands in the names of the Petitioners. According to the Petitioners, recently, while conducting a survey to demarcate various properties to consider the potential for development of all the land owned by them, they realized that MSEDCL was in possession of the Subject Land.

5. In the absence of specific demarcation of each plot of land, the Petitioners submit they were under the impression that the Subject Land fell in the portion allocated to and held by their uncle’s family under the consent decree. That arm of the Bhadani family too had engaged Respondent No.2 to develop the land belonging to them. The Petitioners state that a recent survey led to the discovery that the Subject Land occupied