Plea about compensation for land acquired in 1951 dismissed
Mumbai, Aug. 4 -- The Bombay High Court last week upheld an interim arbitral award granted to the heirs of the owner of a plot of land in Thane which was acquired in 1951 for building a protective wall along the Tansa pipeline. The court dismissed the Brihanmumbai Municipal Corporation's (BMC) plea challenging the arbitral award of Rs.14.15 crore granted by the sole arbitrator, saying, "The court cannot be oblivious to the hard facts that the collector passed the award almost 75 years ago, and the land owners are yet to be paid compensation."
The BMC had challenged the interim arbitral award passed on February 15, 2023 in favor of the respondents Kekobad Dossabhoy Doongriwalla and Khorshed Navzar Wadia, legal heirs of the original landowner late Dinshaw Cawasji Doongriwalla.
On November 16, 1951, the collector had passed an award for the BMC to acquire 14 annas of Doongriwalla's 11 gunthas and 2 annas (1113.2 square metre) land in Majiwada, Thane, to build a protective wall along the Tansa pipeline. Proceedings ensued between Doongriwalla and the BMC and in 2014, they were referred to arbitration for determination of the market value and compensation of the acquired land. In 2015, an arbitrator passed an award under the Land Acquisition Act, 1894 but the respondents challenged it in the High Court which held that the compensation would be governed by the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement (LARR) Act , 2013.
In the fresh round of arbitration, the arbitrator, on February 15, 2023, granted an interim award of Rs.14.15 crore to the respondents. The corporation challenged this in the High Court....
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