Allowed

Rajaram Dhondiram Havale and Others v. the State of Maharashtra and Others

Bombay HC16 Sept 2014WP/1932/2014

Case brief

AI extract

What is this about?

Petitioners sought to quash the Land Acquisition Award dated 31.12.2013 and claim compensation under the new 2013 Act. The Court held the award remains operative but directed the Land Acquisition Officer to determine compensation under the 2013 Act and pay it within six months.

What did the court decide?

Rule made absolute; Land Acquisition Officer directed to determine compensation under 2013 Act within six months and pay within three months of determination.

Rajaram Dhondiram Havale and Others Vs the State of… — Land Acquisition | Bombay HC (2014)

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD

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WRIT PETITION NO.1932 OF 2014

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01 Rajaram s/o Dhondiram Havale, age: major, Occ: Agriculture; 02 Vikas s/o Rajaram Havale, age: major, Occ: Agriculture; 03 Dnyaneshwar Rajaram Havale, age: major, Occ: Agriculture; 04 Ashok Anantrao Havale, age: major, Occ: Agriculture; 05 Sundar Anantrao Havale, age: major, Occ: Agriculture; 06 Anantrao Pandurang Havale, age: major, Occ: Agriculture; 07 Baburao Waman Havale, age: major, Occ: Agriculture; 08 Subhash Baburao Havale, age: major, Occ: Agriculture; 09 Shahadev Baburao Havale, age: major, Occ: Agriculture; 10 Hanumant Srirang Havale, age: major, Occ: Agriculture; 11 Hausababi Govindrao Havale, age: major, Occ: Agriculture; 12 Rukhminibai Ashruba Havale, age: major, Occ: Agriculture; 13 Pandurang Waman Havale, age: major, Occ: Agriculture; 14 Dharmaraj Vitthal Havale, age: major, Occ: Agriculture; 15 Babasaheb Vitthal Havale, age: major, Occ: Agriculture;

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16 Kalyan Laxman Havale, age: major, Occ: Agriculture;

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17 Sheshrao Pandurang Havale, age: major, Occ: Agriculture;

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18 Rambhau Pandurang Havale, age: major, Occ: Agriculture;

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19 Prataprao Pandurang Havale, age: major, Occ: Agriculture;

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20 Laxman Ranga Havale, age: major, Occ: Agriculture; 21 Sunita Vikram Havale, age: major, Occ: Agriculture; 22 Abasaheb Sukhdev Havale, age: major, Occ: Agriculture;

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23 Rajasaheb Sukhdev Havale, age: major, Occ: Agriculture; All R/o Murshadpur (Ghat), Post Pothra, Tq. and District Beed.

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Petitioners

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Versus

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

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02 The Divisional Commissioner, Aurangabad Division, Aurangabad.

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03 The District Collector, Beed.

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04 The Deputy Collector, Land Acquisition, Jaikwadi Project Beed, District Beed.

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05 The Chief Engineer,

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Irrigation Department, Sinchan Bhavan, Jalna Road, Aurangabad.

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06 The Executive Engineer, Irrigation Department, Beed, District Beed.

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07 The Tahsildar, Tq. & District Beed.

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08 The Talathi, Mauje Pothra, Tq. & District Beed.

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Respondents

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Mr.Ajeet B. Kale, advocate for petitioners Mr.V.H.Dighe, A.G.P. for Respondents No.1 to 4 & 7 & 8. Mr.B.R.Surwase, advocate for Respondents No.5 & 6.

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CORAM : R.M.BORDE &

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V.K.JADHAV, JJ. DATE : 16^{thSeptember, 2014}

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ORAL JUDGMENT (Per R.M.Borde, J.):

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1 Heard. Rule. Rule made returnable forthwith and heard finally by consent of learned Counsel for respective parties.

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2 The petitioners are praying to quash the award passed by Respondent No.4 - Land Acquisition Officer on 31.12.2013 determining amount of compensation receivable by the petitioners-claimants.

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3 According to the petitioners, since amount of compensation determined by the Land Acquisition Officer has not been paid even after enforcement of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013,t petitioners are entitled to claim compensation in accordance with the provisions of Section 24 (2) and proviso thereto of the new enactment.

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Sub-section (2) of Section 24 of the Act provides thus:

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24(2) Notwithstanding anything contained in subsection (1), in case of land acquisition proceedings initiated under the Land Acquisition Act, 1894 (1 of 1894), where an award under the said section 11 has been made five years or more prior to the commencement of this Act but the physical possession of the land has not been taken or the compensation has not been paid the said proceedings shall be deemed to have lapsed and the appropriate Government, if it so chooses, shall initiate the proceedings of such land acquisition afresh in accordance with the provisions of this Act.

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Provided that where an award has been made and compensation in respect of a majority of land holdings has not been deposited in the account of the beneficiaries, then, all beneficiaries specified in the notification for acquisition under section 4 of the said Land Acquisition Act, shall be entitled to compensation in accordance with the provisions of this Act.

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5 It is not a matter of dispute that although award is declared on 31.12.2013, amount of compensation has not been paid.

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6 In view of this, Respondent-Land Acquisition Officer is obliged to determine amount of compensation in accordance with the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Learned A.G.P., appearing for Respondent No.4-Land Acquisition Officer, informs that amount of compensation would be determined in accordance with the provisions of Act of 2013 payable in respect of impugned award, as expeditiously as possible, preferably within a period of six months from today and necessary information would be transmitted immediately to Respondents No.5 & 6 - acquiring body. On determination of amount of compensation in accordance with the directions as above, Respondents No.5 & 6 - acquiring body shall pay the amount to the claimants-

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petitioners, as expeditiously as possible, preferably within a period of three months from the date of such determination.

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7 Learned Counsel appearing for petitioners-claimants, on instructions, informs that petitioners would hand over possession of the lands under acquisition to the acquiring body without making any issue, within a period of one month from today.

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8 Rule is made absolute accordingly. There shall be no order as to costs. Pending Civil Applications do not survive and stand disposed of accordingly.

V.K.JADHAV JUDGE

R.M.BORDE

JUDGE

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Rajaram Dhondiram Havale and Others v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

Rajaram Dhondiram Havale and Others v. the State of Maharashtra and Others

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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