As per case facts, CIDCO filed interim applications seeking to be added as a respondent in First Appeals concerning land acquisition for the Navi Mumbai Project, arguing its role as ...
ia5184-2026 in fa1987-2025.doc
AGK
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO.5184 OF 2026
IN
FIRST APPEAL NO.1987 OF 2025
The City and Industrial Development
Corporation of Maharashtra Limited … Applicant
In the matter between
State of Maharashtra (through Deputy
Collector (Land Acquisition), Metro
Center No.1, Uran, Taluka Uran,
District Raigad … Appellant
V/s.
Jayprakash Janardan Patil & Anr. … Respondents
WITH
INTERIM APPLICATION NO.5185 OF 2026
IN
FIRST APPEAL NO.1983 OF 2025
The City and Industrial Development
Corporation of Maharashtra Limited … Applicant
In the matter between
State of Maharashtra (through Deputy
Collector (Land Acquisition), Metro
Center No.1, Uran, Taluka Uran,
District Raigad … Appellant
V/s.
Narayan Gosavi Patil, since deceased
through legal heirs Chandrabhaga
Narayan Patil & Others … Respondents
1
ATUL
GANESH
KULKARNI
Digitally signed by
ATUL GANESH
KULKARNI
Date: 2026.07.31
11:15:29 +0530
ia5184-2026 in fa1987-2025.doc
Mr. G.S. Hegde, Senior Advocate with Ms. P.M. Bhansali
for the applicant-CIDCO.
Mr. A.R. Patil, Additional G.P. for the appellant-State.
Mr. Shriram S. Kulkarni with Mr. Gaurav Ugale and Mr.
Aryavrat Dubey for the respondents-claimants.
CORAM :AMIT BORKAR, J.
RESERVED ON :JULY 28, 2026
PRONOUNCED ON:JULY 31, 2026
JUDGMENT:
1.The applicant CIDCO has filed these Interim Applications
asking for permission to join them in the present First Appeals as a
respondent. The applicant wants to be added as respondent No. 3
in First Appeal No. 1987 of 2025 and as respondent No. 10 in First
Appeal No. 1983 of 2025.
2.These First Appeals are about the lands which are described
in Land Reference Case No. 33 of 2014. For easy reference, these
lands are hereafter called the "suit lands". The lands are situated at
Village Bokadvira, Taluka Uran, District Raigad, bearing Survey
and Hissa Nos. 6/13, 24/2, 27/6, 41/6, 65/7 and 149/3B.
3.The record of Land Reference No. 33 of 2014 shows that the
suit lands were acquired for the New Bombay Project. A
notification under Section 4 of the Land Acquisition Act was issued
on 24 September 1986. Thereafter, an award under Section 11 of
the Land Acquisition Act was passed in the year 1989. The lands
were acquired for the public purpose of developing the new city of
Navi Mumbai. After completing the legal process for acquisition,
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possession of the lands was handed over to CIDCO for planning
and development of Navi Mumbai. Later, Land Acquisition
Reference No. 48 of 2015 was decided by the learned Joint Civil
Judge, Senior Division, Panvel, by judgment and award dated 24
March 2021. Since the claimants were not satisfied with the
compensation awarded, they filed an application under Section
28A on 24 March 2021 relying upon the judgment passed by the
Alibag Court in LAR No. 695 of 2000. After the Special Land
Acquisition Officer passed the re-determination award dated 3 May
2014, the respondents filed a reference under Section 28A(3)
before the Reference Court at Panvel seeking enhancement of
compensation up to Rs. 2,000/- per square metre. By judgment
and award dated 24 March 2021 in LAR No. 48 of 2015, the
Reference Court held that the claimants were entitled to market
value at the rate of Rs. 1,124/- per square metre along with
statutory benefits under Sections 23(1A), 23(2) and 28 of the
Land Acquisition Act, 1894.
4.The above judgment and award has been challenged by the
State of Maharashtra by filing the present First Appeals. Thus, the
State of Maharashtra has questioned the correctness of the
Reference Court's judgment through the present First Appeals. It is
pointed out that in several similar matters relating to land
acquisition for Navi Mumbai, the State of Maharashtra had
approached the Supreme Court by filing Special Leave Petition
(Civil) Diary Nos. 42084 of 2017. By order dated 20 July 2018, the
Supreme Court set aside the judgments of the High Court and sent
those matters back for fresh consideration. The Supreme Court
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observed as follows:
"In view of the decision rendered on 31st October, 2017 in
C.A. Nos. 1564-1565 of 2016 etc. (Babibai Babu Patil vs. The
State of Maharashtra & Ors.) the cases are remitted to the
High Court. The impugned judgment and order is set aside."
5.It is further pointed out that in Civil Appeal Nos. 1564 to
1565 of 2016,
Babibai Babu Patil vs. State of Maharashtra &
Others
, the Supreme Court held that the High Court should hear
the appeals again. The Hon'ble Supreme Court also directed the
High Court to decide the amendment application afresh after
considering the decision in
Ambya Kalya Mhatre (Dead) Through
LRs. & Others vs. State of Maharashtra
, (2011) 9 SCC 325. The
Hon'ble Supreme Court also observed that in matters arising under
Section 28A of the Land Acquisition Act, 1894, the High Court
should keep in mind the limited scope of a reference under that
provision. According to the Hon'ble Supreme Court, Section 28A is
meant only for reopening cases in special situations and, therefore,
every case should be decided afresh by applying the correct legal
principles. It is stated that the present First Appeals have now been
listed before this Court in view of the above directions of the
Hon'ble Supreme Court.
6.The applicant states that it is the New Town Development
Authority for Navi Mumbai. According to the applicant, it is
responsible for paying the enhanced compensation to the original
landowners under the Government Resolutions issued from time to
time. Even though this financial liability is upon the applicant, it
was neither made a party before the Reference Court nor joined as
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a respondent in the present First Appeals. Therefore, the applicant
has filed these applications requesting that it should be added as a
party in these proceedings. The applicant further states that the
Urban Development Department of the Government of
Maharashtra issued Government Resolution No. LQN-02/2008/Pr.
Kr. 37/A-2 dated 14 March 2008 and Government Resolution No.
CID-3407/11/Pr. Kr.01/NAVI-10 dated 12 February 2008.
According to these Government Resolutions, whenever land is
acquired for a particular acquiring body, that body should be
joined as a party in all land acquisition proceedings. The
Government also decided that CIDCO should bear the liability of
paying compensation, solatium, interest, and any enhanced
compensation awarded in such matters. This responsibility extends
not only to proceedings before the Reference Court but also to
First Appeals and all other related proceedings pending before any
Court or authority concerning lands acquired for the Navi Mumbai
Project. The applicant further submits that by the Government
Resolution dated 12 February 2008, the State Government also
gave CIDCO the responsibility of opposing claims for enhancement
of compensation. Under these Government Resolutions, CIDCO
was authorised to contest proceedings under Sections 18 and 28 of
the Land Acquisition Act on behalf of the Government. Copies of
these Government Resolutions have been produced along with the
application as Exhibit A collectively.
7.The applicant states that when the Navi Mumbai project area
was first handed over for development, it mainly consisted of
barren land, marshy land and salt pan areas. According to the
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applicant, over the years CIDCO has spent huge amounts from its
own funds for developing the new city. This includes creating
roads, public facilities, infrastructure and providing benefits to
project affected persons under the 12.5% Scheme. The applicant
states that these expenses can be recovered only through the sale
of developed lands, which is its main source of income. It is further
stated that CIDCO has undertaken major development works such
as land filling, levelling of land, roads, footpaths, street lights,
storm water drains, sewerage system, water supply, reservoirs,
water pipelines, dams like Morbe, Hetwane and Balganga, MSEB
substations, gardens, nurseries, children's parks and other public
facilities such as community centres, police stations, crematoriums,
burial grounds, playgrounds, schools, health centres and transport
facilities. According to the applicant, CIDCO has also carried out
major city level projects including shifting of APMC and Steel
Market Yard, construction of railway lines between Mankhurd,
Vashi, Belapur, Panvel, Kalwa, Turbhe, Nerul and Uran, Belapur
Pendhar Metro Line and development of Navi Mumbai
International Airport. The applicant states that because of these
large development works, CIDCO is required to recover all the
expenses incurred and those likely to be incurred in future through
the sale of saleable lands. It is submitted that the enhanced
compensation payable in land acquisition cases is also paid from
the money received by selling such lands. Therefore, according to
the applicant, every increase in compensation directly affects the
funds available for development of Navi Mumbai. The applicant
also states that CIDCO and the landowners had earlier challenged
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several judgments of this Court relating to enhancement of
compensation for lands situated at villages Rodpali, Vadghar and
Bokadvira. Those matters included First Appeal No. 378 of 2001,
First Appeal No. 1310 of 2005 and First Appeal No. 123 of 2014
along with connected appeals. It is stated that those judgments
were based on the earlier judgment in First Appeal No. 646 of
1995 and connected matters. According to the applicant, the
Supreme Court, by various orders passed between July and
September 2018, set aside those judgments and remanded all
those matters to this Court for fresh hearing. It is also stated that
by order dated 12 November 2024 passed in Miscellaneous
Application Nos. 320 to 321 of 2023, the concerned Civil Appeals
were restored.
8.The applicant seeks permission to rely upon the above orders
at the time of hearing. According to the applicant, the Supreme
Court considered the importance of the issues raised by CIDCO
while setting aside the earlier judgments of this Court. It is,
therefore, submitted that those issues will also have a direct effect
on the decision in the present First Appeals. The applicant further
states that all lands acquired for development of Navi Mumbai
have been vested in CIDCO for development purposes. According
to the applicant, the entire burden of paying compensation is
borne by CIDCO from the income generated by sale of the lands
vested in it. Apart from this, CIDCO is also required to allot lands
to project affected persons under the 12.5% Scheme, which creates
an additional financial responsibility.
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9.The applicant further states that the Reference Court has not
properly determined the market value of the lands and has
adopted an incorrect method while assessing compensation.
According to the applicant, since it is required to bear the financial
burden of enhanced compensation, it should be given an
opportunity of being heard before any order granting enhanced
compensation or directing deposit of such amount is passed. In
these circumstances, the applicant states that it is necessary and
proper to add CIDCO as a respondent supporting the State in the
present First Appeals. According to the applicant, this is also
required in public interest and is consistent with the Government
Resolutions referred to above. Therefore, the applicant claims that
it is both a necessary and proper party to these proceedings. The
applicant states that, in the interest of justice and fairness, it
should be impleaded as a party respondent in the present First
Appeals. It also requests that it should be permitted to place its
detailed submissions before this Court by filing affidavits or in any
other manner which this Court may consider appropriate.
10.Mr. Hegde, learned Senior Advocate appearing for the
applicant, submitted that the applicant had filed Special Leave
Petition (Civil) Diary No. 42084 of 2017 before the Supreme
Court. He submitted that by order dated 20 July 2018, the
Supreme Court granted leave, converted the matter into a Civil
Appeal and sent the cases back to the High Court for fresh hearing.
According to him, since the applicant was allowed to pursue the
matter before the Supreme Court and the matters were remanded,
the applicant should now be treated as a proper party in the
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present First Appeals. Referring to the judgment of this Court in
Percival Joseph Pareira vs. Special Land Acquisition Officer &
Others
, 2010 (1) Mh.L.J. 985, Mr. Hegde submitted that while
deciding that case, the Coordinate Bench did not consider that the
applicant has to bear the burden of giving 12.5% developed land
to the project affected persons as part of the compensation
package. According to him, because this important aspect was not
considered, the applicant should now be added as a proper party
in these appeals.
11.Mr. Hegde further referred to Section 50 of the Land
Acquisition Act, 1894. He submitted that the development carried
out by CIDCO on the acquired lands and the effect of such
development on the value of the plots were not considered by the
Coordinate Bench in
Percival Pareira. He fairly accepted that under
the Government Resolution dated 12 February 2008, the State
Government has made arrangements regarding payment of
compensation. However, according to him, in actual practice
CIDCO first pays the compensation and only later receives
reimbursement from the State Government. During this period,
CIDCO has to bear the interest liability. He further submitted that
since CIDCO has developed the lands which are the subject matter
of the reference proceedings, it possesses important information
regarding the nature of the lands and the factors relevant for
deciding their correct market value. He argued that the Coordinate
Bench wrongly treated the issue only from the angle of whether
CIDCO was a necessary party and failed to examine whether it was
at least a proper party whose presence would help the Court in
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deciding the dispute.
12.On the other hand, Mr. Kulkarni, learned Advocate appearing
for the claimants, opposed the applications. He submitted that the
Government Resolution dated 6 March 1990 clearly recognises
CIDCO only as an agent of the State Government. According to the
said Resolution, the compensation payable to the claimants is the
liability of the State Government. CIDCO may initially make the
payment, but it is entitled to recover or adjust the same with the
State Government. Therefore, according to him, CIDCO cannot
claim any independent right in the present proceedings.
13.Mr. Kulkarni then referred to Section 113(3A) of the
Maharashtra Regional and Town Planning Act, 1966. He submitted
that Chapter VI of the Act deals with development of a new town.
Under Section 113(1), the State Government has power to declare
and develop a new town by issuing a notification. Section 113(3A)
authorises the State Government to appoint a Corporation,
Company or subsidiary Company as its agent for developing and
disposing of lands in the new town area. According to him, it is
under this provision that CIDCO has been appointed only as an
agent of the State Government. He further submitted that Section
113A empowers the State Government to acquire land for a
Corporation or Company declared as a New Town Development
Authority. He also referred to Sections 118 and 119 of the
Maharashtra Regional Town Planning Act, 1966 and submitted
that although the Development Authority may dispose of lands
vested in it, such power is subject to the directions of the State
Government. Therefore, according to him, the statutory scheme
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shows that CIDCO acts only on behalf of the State Government.
14.Mr. Kulkarni also invited attention to Section 6 of the Land
Acquisition Act, 1894, particularly the second proviso. He
submitted that the proviso provides that no declaration under
Section 6(1) can be made unless the compensation is to be paid
either by a Company or from a fund controlled or managed by a
Local Authority. According to him, the Section 6 declaration in the
present case does not show that the acquisition was to be made at
the cost of CIDCO.
15.Mr. Kulkarni further submitted that the Government
Resolution dated 12 February 2008, on which the applicant is
relying, came much after the Section 6 notification. Referring to
paragraph 12 of the judgment in
Percival Pareira, he submitted
that the Coordinate Bench had examined this very Government
Resolution and held that the acquisition was made at the cost of
the State Government. He also referred to paragraph 14 of the said
judgment where the Coordinate Bench observed that under
Section 113(3A) of the MRTP Act, CIDCO functions only as an
agent of the State Government. According to him, the Coordinate
Bench had also examined Sections 20 and 3(b) of the Land
Acquisition Act, 1894 and held that CIDCO did not fall within any
of the categories of persons entitled to participate in a reference
under Section 18. It was further held that CIDCO was not a
"person interested" because it had no interest in the compensation
amount itself. He submitted that the Coordinate Bench also
considered Section 50 of the Land Acquisition Act and held that
the acquisition was not made from any fund controlled or
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managed by CIDCO. According to him, the said judgment was
affirmed by the Division Bench of this Court. He pointed out that
while affirming the judgment, the Division Bench observed that
the entire acquisition cost was borne by the State Government and
that CIDCO received only Rs. 5 lakh per year towards
administrative expenses. The Division Bench also noted that before
the Income Tax Appellate Authority, CIDCO had claimed that it
was acting only as an agent of the State Government and,
therefore, was not liable to pay income tax on the income
generated from the development activities. According to him, after
taking such a stand, CIDCO cannot now take a contrary position.
16.Mr. Kulkarni further submitted that the allotment of 12.5%
developed land is an additional benefit granted under the policy of
the State Government and is separate from the statutory
compensation payable under the Land Acquisition Act. He
submitted that the Government Resolution dated 6 March 1990
clearly records that the decision to grant 12.5% developed land
was taken by the State Government itself. According to him,
CIDCO only implements that policy as an agent of the State
Government and does not acquire any independent legal right
because of such implementation.
17.In reply, Mr. Hegde submitted that in Civil Appeal No. 9005
of 2017, the Hon'ble Supreme Court had granted leave to CIDCO,
entertained the appeal and remanded the matter to the High
Court. According to him, that matter also related to acquisition of
lands from a similar village under the same Navi Mumbai Project.
He then relied upon the judgment of the Hon'ble Supreme Court in
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Delhi Development Authority vs. Bhola Nath Sharma (Dead) by
LRs. & Others
, (2011) 2 SCC 54. He submitted that in paragraph
36 of the judgment, the Supreme Court referred to its earlier
decision in
Neyvely Lignite Corporation Limited vs. Special
Tahsildar (Land Acquisition), Neyvely & Others
, (1995) 1 SCC 221
and held that the expression "person interested" and the right
available under Section 50(2) of the Land Acquisition Act should
not be interpreted narrowly. According to him, the right under
Section 50(2) is an additional safeguard flowing from the
principles of natural justice and fair procedure. He submitted that
the Hon'ble Supreme Court adopted this approach because
experience had shown that Government authorities do not
effectively defend land acquisition matters. He also relied upon the
judgment of the Karnataka High Court in
Smt. Gangabayamma
w/o. Late Nagojirao vs. Special Land Acquisition Officer &
Another
, Miscellaneous Second Appeal No. 101 of 2022 (LA),
decided on 23 November 2024, wherein the beneficiary of the
acquisition was held to be a necessary party. He also placed
reliance on the decision in
Neyvely Lignite Corporation.
18.In response, Mr. Kulkarni submitted that the judgment in
Delhi Development Authority was based upon an entirely different
statutory scheme under the Delhi Development Act, 1957.
Referring to Section 22 of that Act, he submitted that the Delhi
Development Authority was not treated merely as an agent of the
Government. He also referred to Section 15 of the Delhi
Development Act, under which lands acquired by the Government
were transferred to the Development Authority after the Authority
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paid the compensation awarded under the Land Acquisition Act.
According to him, since the provisions of the Delhi Development
Act are materially different from those of the MRTP Act, the said
judgment cannot be applied to the present case.
19.Mr. Kulkarni further submitted that merely because the
Hon'ble Supreme Court granted special leave in some matters does
not make CIDCO a "person interested" under the Land Acquisition
Act, 1894. According to him, in certain other matters the Special
Leave Petitions filed by CIDCO were dismissed on the ground that
it had no locus to maintain them. He submitted that having regard
to the discretionary nature of the power exercised under Article
136 of the Constitution of India, the grant of leave cannot be
treated as a declaration that CIDCO is either a necessary party or a
proper party. According to him, unless the Hon'ble Supreme Court
expressly decides that issue, no such inference can be drawn.
20.Lastly, Mr. Kulkarni relied upon the judgment of the Division
Bench of this Court in
Shailendrakumar Ugamchand Jain & Others
vs. City and Industrial Development Corporation of Maharashtra
Limited
, Writ Petition No. 4961 of 2022, decided on 27 February
2023. He submitted that the Division Bench upheld the challenge
to Clause 3 of the Government Resolution dated 6 March 1990 by
holding that only a reasonable amount could be charged for
allotment of 12.5% developed land. On that basis, he submitted
that the present Interim Applications are without merit and
deserve to be dismissed.
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FINDING AND REASONS:
21.I have carefully gone through the Interim Applications,
replies filed by all parties, documents placed on record, provisions
of the Maharashtra Regional and Town Planning Act, 1966, the
Land Acquisition Act, 1894, Government Resolutions relied by
both sides and also judgments shown by the learned Senior
Counsel for the applicant and the learned counsel appearing for
the claimants. At this stage, this Court is not deciding what should
be correct market value of the acquired lands. The issue now is
whether the applicant, namely CIDCO, is required to be joined as
party respondent in these First Appeals.
22.For deciding this question, it becomes necessary to look into
the statutory provisions, legal position of CIDCO, nature of
acquisition proceedings and legal principles coming from the
judgments relied upon by both sides. After seeing all these things
together, proper conclusion can be reached.
23.Before considering the rival submissions, it is necessary to
refer to the relevant provisions of the Maharashtra Regional and
Town Planning Act, 1966 and the Land Acquisition Act, 1894.
Section 113 of the Maharashtra Regional and Town Planning Act,
1966 deals with designation of an area as a site for a new town
and creation of the Development Authority. Under sub-section (1),
if the State Government is satisfied that any area should be
developed as a new town, it may notify that area as the site for the
proposed town. Sub-section (2) of Section 113 provides that after
issuing such notification, the State Government shall constitute a
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New Town Development Authority for acquiring, developing and
disposing of lands in the new town area. The Authority consists of
a Chairman, Vice-Chairman and other members appointed by the
State Government for carrying out the development work.
24.Sub-section (3A) of Section 113 is relevant for deciding the
issue. It reads as under:
"Having regard to the complexity and magnitude of the work
involved in developing any area as a site for the new town,
the time required for setting up new machinery for
undertaking and completing such work of development, and
the comparative speed with which such work can be
undertaken and completed in the public interest, if the work
is done through the agency of a corporation including a
company owned or controlled by the State or a subsidiary
company thereof, set up with the object of developing an
area as a new town, the State Government may,
notwithstanding anything contained in sub-section (2),
require the work of developing and disposing of land in the
area of a new town to be done by any such corporation,
company or subsidiary company aforesaid, as an agent of the
State Government; and thereupon, such corporation or
company shall, in relation to such area, be declared by the
State Government, by notification in the Official Gazette, to
be the New Town Development Authority for that area."
25.Thus, where the State Government appoints a Corporation or
Government Company under Section 113(3A), such Corporation is
authorised to undertake development and disposal of land in the
new town area. At the same time, the Act states that such
Corporation shall act "as an agent of the State Government". It is
declared to be the New Town Development Authority for that area
by notification issued by the State Government.
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26.Section 113A deals with acquisition of land where a
Corporation or Company has been declared as the New Town
Development Authority under Section 113(3A). The relevant part
reads as follows:
"where any corporation or company is declared to be the
New Town Development Authority under sub-section (3A) of
section 113, the State Government shall acquire either by
agreement or under the provisions of the Right to Fair
Compensation and Transparency in Land Acquisition,
Rehabilitation and Resettlement Act, 2013... any land... and
vest such land in such Authority…"
27.Therefore, where a Corporation is appointed as the New
Town Development Authority under Section 113(3A), the
acquisition of land is to be undertaken by the State Government.
After acquisition is completed, the land is vested in the
Development Authority for carrying out development in
accordance with the provisions of the Act.
28.Section 118 deals with disposal of lands by the Development
Authority. It permits the Development Authority, subject to the
directions of the State Government, to dispose of lands acquired by
it or vested in it in such manner and on such terms as may be
necessary for development of the new town. However,
transactions such as sale or grant of lease exceeding ninety-nine
years require prior consent of the State Government. Sub-section
(2) of Section 118 provides that while disposing of such lands, the
Development Authority should give persons whose lands were
acquired an opportunity to obtain suitable plots or
accommodation, subject to the conditions prescribed by the
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Development Authority.
29.Section 119 empowers the State Government to issue
directions to the Development Authority regarding disposal and
development of lands acquired by or vested in the Authority
whenever such directions are considered necessary.
30.It is necessary to refer to Section 6 of the Land Acquisition
Act, 1894. Section 6 provides for issuance of a declaration that the
land is required for a public purpose. The second proviso to
Section 6(1) reads as under:
"Provided further that no such declaration shall be made
unless the compensation to be awarded for such property is
to be paid by a Company, or wholly or partly out of public
revenues or some fund controlled or managed by a local
authority."
31.The above proviso makes it clear that before issuing a
declaration under Section 6, the source from which compensation
is to be paid must be identified. The compensation may be payable
by a Company, wholly or partly from public revenue, or from a
fund controlled or managed by a local authority, depending upon
the nature of the acquisition.
32.Explanation 2 to Section 6 further provides:
"Explanation 2.—Where the compensation to be awarded for
such property is to he paid out of the funds of a corporation
owned or controlled by the State, such compensation shall
be deemed to be compensation paid out of public revenues."
33.Another relevant provision is Section 50 of the Land
Acquisition Act, 1894, which reads as follows:
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"(1) Where the provisions of this Act are put in force for the
purpose of acquiring land at the cost of any fund controlled
or managed by a local authority or of any Company, the
charges of and incidental to such acquisition shall be
defrayed from or by such fund or Company.
(2) In any proceeding held before a Collector or Court in
such cases the local authority or Company concerned may
appear and adduce evidence for the purpose of determining
the amount of compensation:
Provided that no such local authority or Company shall
be entitled to demand a reference under Section 18."
34.Thus, Section 50 creates a right in favour of the local
authority or Company for whose benefit land is acquired at its
cost. Such authority or Company may participate before the
Collector or the Reference Court for the purpose of determining
compensation. However, it has no independent right to seek a
reference under Section 18 of the Act.
35.It is necessary to notice the definition of "person interested"
under Section 3(b) of the Land Acquisition Act, 1894, which
states:
"the expression 'person interested' includes all persons
claiming an interest in compensation to be made on account
of the acquisition of land under this Act; and a person shall
be deemed to be interested in land if he is interested in an
easement affecting the land;"
36.Therefore, under the scheme, a person becomes a "person
interested" if such person claims an interest in the compensation
payable due to acquisition, or otherwise satisfies the requirements
contained in Section 3(b). Whether a particular authority or
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Corporation falls within that expression has to be decided by
examining the facts of each individual case.
37.Main argument of the applicant is that burden of enhanced
compensation will come upon CIDCO and because of that it has
interest in these Appeals. It is submitted that CIDCO has spent
huge money for developing Navi Mumbai, and it is under
obligation to implement the 12.5% Scheme for project affected
persons. According to the applicant, if compensation amount is
increased, its financial position gets affected. This submission
cannot be ignored because if some authority has to bear financial
burden, it will have concern with the result of the case. But at the
same time, only because financial burden may come on an
authority, it does not make that authority a party in every
proceeding. The Court still has to examine whether under the
statute such authority is recognised as a necessary party or at least
a proper party in proceedings under the Land Acquisition Act.
Therefore, financial burden alone cannot decide legal status.
38.The applicant has placed much reliance upon the orders
passed by the Supreme Court by which similar matters were
remanded back to the High Court. According to the applicant, once
leave was granted in the Appeals filed by CIDCO and the earlier
judgments were set aside, it would mean that CIDCO has right to
participate in such proceedings. It is correct that the Supreme
Court granted leave and remanded those matters. However, on
careful reading of those orders, it appears that they direct fresh
hearing of the Appeals and reconsideration of the issues involved.
Those orders nowhere state that CIDCO is a "person interested" or
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that it has to be treated as a necessary party or proper party in
every land acquisition matter. Therefore, merely because the
matters were remanded, it cannot be said that the issue before this
Court also stands decided.
39.It is further argued by the applicant that the judgment in
Percival Joseph Pareira requires reconsideration because,
according to it, proper distinction between a necessary party and a
proper party was not considered. It is submitted that even if
CIDCO is not treated as a necessary party, still it should at least be
treated as a proper party because it possesses material regarding
development of Navi Mumbai and facts affecting valuation of the
acquired lands. This submission cannot be rejected merely because
an earlier judgment has taken a different view. At the same time,
this Court cannot ignore the findings recorded in
Percival Joseph
Pareira
. Unless there is some material change in the statutory
provisions or unless the said judgment has been overruled by a
higher Court, those findings continue to bind this Court and
cannot be ignored.
40.The statutory provisions become important for deciding the
present controversy. Section 113(3A) of the Maharashtra Regional
and Town Planning Act provides that where the State Government
appoints a Corporation or Company for development of a new
town, such Corporation shall perform the work "as an agent of the
State Government." These words are deliberately used by the
Legislature and they cannot given some different meaning. The
section does not say that such Corporation becomes the acquiring
body. It only authorises the Corporation to carry out development
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work on behalf of the Government. Similarly, Section 113A
provides that where a Corporation is declared as the New Town
Development Authority, "the State Government shall acquire" the
land and vest the land in such Authority. Therefore, if both these
provisions are read together, it appears that acquisition of land and
development of land are kept separate. Acquisition continues with
the State Government, whereas development work may be
entrusted to the Development Authority.
41.Sections 118 and 119 of the MRTP Act appear to support the
same arrangement. It is true that after the land is vested in the
Development Authority, it may dispose of such land. However, such
power remains subject to the directions issued by the State
Government. Therefore, though the Development Authority has
powers regarding development and disposal of lands, those powers
are not independent. Overall control still remains with the State
Government. This arrangement shows that, in matters relating to
lands acquired for the new town, the Development Authority does
not act entirely on its own but continues to function under the
control provided by the statute.
42.Learned counsel appearing for the claimants has also relied
upon Section 6 of the Land Acquisition Act. The second proviso
thereto states:
"Provided further that no such declaration shall be made
unless the compensation to be awarded for such property is
to be paid by a Company, or wholly or partly out of public
revenues or some fund controlled or managed by a local
authority."
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43.This provision shows that while issuing declaration under
Section 6, the source from which compensation is payable becomes
relevant. In the present matter, as noticed in
Percival Joseph
Pareira
, the notification under Section 6 records that acquisition
was undertaken at the instance of and at the cost of the State
Government. Before this Court, nothing has been shown to
indicate that this finding has been reversed or set aside by any
later judgment. Therefore, as of now, that finding still continues to
operate.
44.Considerable arguments were advanced by both sides
regarding Section 50 of the Land Acquisition Act. According to the
applicant, since it has to bear burden of enhanced compensation, it
should receive the benefit flowing from Section 50. On the other
hand, learned counsel for the claimants submitted that Section 50
applies only where acquisition is at the cost of the concerned local
authority or company. According to them, if that statutory
requirement is absent, Section 50 cannot be attracted merely
because some financial liability may come upon another authority.
45.Section 50(1) provides:
"Where the provisions of this Act are put in force for the
purpose of acquiring land at the cost of any fund controlled
or managed by a local authority or of any Company…"
46.Therefore, the section makes one requirement clear that
acquisition must be "at the cost" of the concerned local authority or
company. Whether this condition is satisfied or not cannot be
assumed merely because one authority may spend some money. It
has to be examined from the statutory provisions governing the
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acquisition as well as from the notifications issued in the case.
Unless this requirement is satisfied, Section 50 may not become
applicable.
47.In Percival Joseph Pareira, the learned Single Judge
examined the statutory provisions, Government Resolutions and
acquisition notifications in detail. After examining all those
materials, the Court recorded a finding that "the acquisition is on
behalf of the State Government at the cost of the State
Government." The learned Judge further observed that "the CIDCO
acts as an agent of the State Government" and held that "the
acquisition cannot be said to be at the instance of the CIDCO."
Thereafter, while considering Section 50, the Court further
concluded that "land is not being acquired at the cost of any fund
controlled or managed by the CIDCO." On that reasoning, it was
held that Section 50 had no application. These findings were
recorded after considering both the statutory provisions and the
factual position placed before the Court.
48.These findings were affirmed by the Division Bench in City
and Industrial Development Corporation v. Percival Joseph Pareira
.
The Division Bench again examined Section 113(3A) and
observed:
"it is crystal clear that the New Town Development Authority
is declared as an Agent of the State Government."49.The Division Bench further observed:
"This statutory status bestowed on the appellant cannot be
whittled down nor can be elevated to any other position by
an administrative decision."
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50.These observations become important because the
applicant's case is based upon the Government Resolutions issued
in the year 2008. The Division Bench has examined that aspect
while recording the above findings.
51.The Division Bench further noticed that under the
Government Resolution dated 12 February 2008, compensation
paid by CIDCO was only "on account of Government." Therefore,
such payment was held to be made by CIDCO in its capacity as an
agent of the State Government. The Division Bench also noticed
that under the Government Resolution dated 12 August 2010,
CIDCO was merely authorised to represent the Government in
proceedings under Sections 18 and 28A. On that basis, the Division
Bench concluded that neither of these Government Resolutions
changed the statutory relationship created under Section 113(3A).
According to the Division Bench, the legal position under the
statute continued to remain the same.
52.It is true that the applicant has argued that the financial
burden falls upon CIDCO. Such submission cannot be said to be
irrelevant from an administrative point. However, this aspect has
been examined by the Division Bench. It noticed that acquisition
expenses are borne by the State Government and CIDCO receives
only administrative charges. The Division Bench also referred to
the stand earlier taken by CIDCO before the Income Tax Appellate
Authority where CIDCO had stated that it was acting only as an
agent of the State Government. Therefore, it was held that CIDCO
cannot claim a different character. That finding binds this Court
unless it is set aside by a superior Court.
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53.The applicant has placed reliance upon the judgments of the
Supreme Court in
Neyvely Lignite Corporation, Delhi Development
Authority
, Himalayan Tiles and U.P. Awas Evam Vikas Parishad.
There is no dispute that those judgments lay down important legal
principles. In
Delhi Development Authority, after referring to
Neyvely Lignite Corporation, the Supreme Court observed:
"The right given under sub-section (2) of Section 50 is in
addition to and not in substitution of or in derogation to all
the incidental, logical and consequential rights flowing from
the concept of fair and just procedure consistent with the
principles of natural justice."
54.The Supreme Court observed that the beneficiary has a right
to participate in the proceedings and, wherever necessary,
challenge the award because it bears the burden of compensation.
These observations explain the object of Section 50.
55. Similarly, in Himalayan Tiles, the Supreme Court observed
that the expression "person interested" should receive liberal
interpretation so as to include the authority "for whose benefit the
land is acquired and who is bound under an agreement to pay the
compensation." The Constitution Bench in
U.P. Awas Evam Vikas
Parishad
held that a local authority entitled to invoke Section
50(2) must receive notice so that the right given to it becomes
effective.
56.There cannot be any dispute with these legal principles
because they are binding declarations of law made by the Supreme
Court. However, at the same time, those judgments proceed on the
basis that the authority claiming such right is either the beneficiary
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for whose benefit the land is acquired or the authority which bears
liability of acquisition within the meaning of Section 50. Therefore,
the question which remains is whether CIDCO answers that
description under the statutory scheme governing acquisition for
the Navi Mumbai Project. Unless that question is answered in
favour of the applicant, merely relying upon those judgments may
not decide the controversy.
57.In the opinion of this Court, that question stands answered
by the judgment of the Division Bench in
City and Industrial
Development Corporation v. Percival Joseph Pareira
. The Division
Bench has distinguished the scheme under the MRTP Act from
those cases where acquisition is made for local authority or
company. It has held that under Section 113(3A), CIDCO functions
as an agent of the State Government and not as the acquiring
body. Once this finding continues to remain binding, the
foundation on which
Delhi Development Authority, Neyvely
Lignite Corporation
and Himalayan Tiles proceeded does not
appear to exist in the facts of the present case.
58.Learned counsel for the applicant has relied upon the
judgment of the Karnataka High Court where the beneficiary was
held to be a necessary party. That judgment explains the scope of
Section 50. However, the controversy before this Court arises
under the provisions of the Maharashtra Regional and Town
Planning Act and is governed by the judgments interpreting those
provisions. Therefore, the judgments rendered under the MRTP
Act by this Court would prevail while deciding the present
controversy because they relate to the same statutory framework.
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59.Another submission made by the applicant is that it
possesses material evidence regarding development of Navi
Mumbai and various factors affecting market value. To some
extent this submission appears to have substance because the
Development Authority may possess relevant records regarding
development of the project. Still, merely because a party possesses
useful evidence, it does not obtain a statutory right of
impleadment. Whether a person should be impleaded has to be
decided with reference to the governing provisions and the status
of that person.
60.Upon overall consideration of the statutory provisions,
Government Resolutions and the precedents, this Court finds that
the position declared in
Percival Joseph Pareira and affirmed by
the Division Bench continues to govern the present matter. Those
judgments hold that under Section 113(3A), CIDCO functions only
as an agent of the State Government, acquisition is undertaken by
and at the cost of the State Government, Section 50 of the Land
Acquisition Act has no application, and CIDCO cannot be treated
as a "person interested" merely because it develops the acquired
lands or discharges certain financial obligations on behalf of the
Government. In the absence of any contrary decision, this position
shall apply.
61.For all these reasons, in the absence of any later
pronouncement overruling those decisions or any change in the
statutory provisions, this Court is bound to follow the law
declared. Consequently, the applicant cannot be held either to be a
necessary party or a proper party in these First Appeals. Therefore,
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the Interim Applications are liable to be rejected.
62.In view of the foregoing discussion, and upon overall
assessment of the material record, the following order is passed:
(i) The Interim Applications seeking impleadment of the
applicant–City and Industrial Development Corporation of
Maharashtra Limited (CIDCO) as party respondent in the
present First Appeals are rejected;
(ii) It is held that the applicant is neither a necessary party
nor a proper party to the present First Appeals in view of the
statutory scheme of the Maharashtra Regional and Town
Planning Act, 1966, the provisions of the Land Acquisition
Act, 1894, and the binding decisions in
Percival Joseph
Pareira
and the Division Bench judgment in City and
Industrial Development Corporation v. Percival Joseph
Pareira
;
(iii) Consequently, the prayer for impleadment stands
refused;
(iv) In the facts and circumstances of the case, there shall
be no order as to costs.
(AMIT BORKAR, J.)
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