Quashed

Balasaheb Raosaheb Bidve v. the State of Mah and Ors.

Bombay HC20 Dec 2011WP/8842/2011

Case brief

AI extract

What is this about?

This Single Judge bench quashed an order passed by a Deputy Collector requiring the petitioner to provide a Bank Guarantee before disbursing land acquisition award money, holding that such an onerous condition was unjustified absent a court stay.

What did the court decide?

The impugned order requiring a Bank Guarantee is quashed and set aside. The Rule is made absolute in terms of prayer clause (C).

Balasaheb Raosaheb Bidve Vs the State of Mah and Ors. — Cheque Dishonour | Bombay HC (2011)

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1 W.P.No.8842/11

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IN THE HIGH COURT OF JUDICATURE AT

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BOMBAY

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BENCH AT AURANGABAD.

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WRIT PETITION NO.8842 OF 2011.

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Balasaheb S/o Raosaheb Bidve,
Age 50 years, Occ.Agril.,
R/o Rani Wahegaon, Tq.Partur,
Dist.Jalna.

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... Petitioner.

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Versus

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1. The State of Maharashtra,
through The Secretary,
Irrigation Department,
Mantralaya,Mumbai-32.

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2. The Collector,Jalna,
Dist.Jalna.

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3. The Special Land Acquisition
Officer/Deputy Collector Land
Acquisition, Jalna, Dist.Jalna.

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4. Executive Engineer,
Nimna Dudhana Project, Sailu,
Dist.Parbhani.

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... Respondents.

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Mr.A.B.Kale, advocate for the petitioner.
Mr. B.V.Wagh, Asstt.Govt. Pleader for the State.

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CORAM : S.V.GANGAPURWALA,J.

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 Date : 16.12.2011.

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2 W.P.No.8842/11

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ORAL JUDGMENT :

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1.Heard.

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2.Rule. Rule returnable forthwith. With
the consent of the parties, the petition is taken
up for final hearing.

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3.The Respondent No.4 though served, is
absent. This Court on 21.11.2011 had issued
notices to the Respondents for final disposal.

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4.The award U/s 28-A of the Land
Acquisition Act was passed. As per the said
award, the petitioner was entitled for the
amount. The petitioner filed an application for
withdrawal/receipt of the said amount. The
Deputy Collector, Land Acquisition Officer passed
an order that unless the Bank guarantee of
Nationalised Bank is given, the amount can not be
disbursed. Mr.Kale, learned counsel for the
petitioner states that even the amount is
deposited by the acquiring body with the Special
Land Acquisition Officer.

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3 W.P.No.8842/11

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5.Mr.Wagh, learned Asstt. Govt. Pleader
for the Respondents submits that the Government
has issued a Circular. In view of the said
Circular, the authority was justified in passing
the said order.

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6.The affidavit-in-reply is filed by the
Respondent No.3. In the affidavit-in-reply also
it is nowhere stated that appeal has been filed
and some interim order is passed in the said
appeal. Mr.Kale, learned counsel for the
petitioner submits that on 19.12.2011, the
petitioner had received the information under
Right to Information Act that till today, no
appeal is filed. The said communication is taken
on record and marked "X" for identification.

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7.In view of the fact that there is no
prohibitory order from any Court of competent
jurisdiction, the Special Land Acquisition
Officer could not have imposed such an onerous
condition that too after an award is passed.

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The party in whose favour the award is passed, is
entitled for the amount unless the said award is

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4 W.P.No.8842/11

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stayed by the Court.

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8.In light of the above, the impugned
order is quashed and set aside. Rule is made
absolute in terms of prayer clause (C). However,
there shall be no order as to costs.

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 (S.V.GANGAPURWALA,J.)

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asp/office/wp884211

Balasaheb Raosaheb Bidve v. the State of Mah and Ors.

Case brief

What is this about?

What did the court decide?

Balasaheb Raosaheb Bidve v. the State of Mah and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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