Allowed

Navnath Bhagawan Dahiwal and Others v. the State of Maharashtra and Others

Bombay HC12 Jul 2016WP/3062/2016

Case brief

AI extract

What is this about?

This petition challenged the non-declaration of the Award under the Land Acquisition Act, 1894, despite land possession taken for minor irrigation. The court held that while proceedings continue, compensation determination must follow the RFLAR & Resettlement Act, 2013. It directed respondents to declare and pay compensation within six months of today.

What did the court decide?

Directing respondents to determine compensation within six months from today and pay it within one month of Award declaration.

Navnath Bhagawan Dahiwal and Others Vs the State of… — Land Acquisition | Bombay HC (2016)

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD

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WRIT PETITION NO.3062 OF 2016

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1 Navnath S/o Bhagwan Dahiwal, age: 60 years, occu: Agril.,

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2 Sachin s/o Navnath Dahiwal age: 30 years, occu: Agril.,

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3 Nitin S/o Navnath Dahiwal age: 28 years, occu: Agril., All R/o Malegaon Chakala Tq. Shirur Kasar, Dist. Beed Presently R/o Kharwandi, Tq. Pathardi, Dist. Ahmednagar Petitioners Versus

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1 The State of Maharashtra, Through The Secretary, Revenue & Forest Department, Mantralaya, Mumbai 32

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2 The Collector, Collectorate, Beed

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3 The Deputy Collector (Land Acquisition) Beed Minor Irrigation, Beed District : Beed.

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4 The Executive Engineer, Beed Irrigation Division, Beed, Dist. Beed Respondents

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Mr.D.A. Bide advocate for the petitioners

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Mr.S.S.Dande, Assistant Government Pleader for Respondents

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CORAM : R.M. BORDE &

K.L.WADANE, JJ

(Date : 12 th July, 2016.)

ORAL JUDGMENT

(Per: R.M. Borde, J)

1 Heard.

2 Rule. With the consent of the parties, petition is taken up for final decision at admission stage.

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3 The petitioners are praying for issuance of directions to the respondents to complete the land acquisition proceeding, declare the Award, determining the amount of compensation payable to the petitioners in respect of acquired land and to pay the amount of compensation within the stipulated time frame.

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4 It is the contention of the petitioners that, the agricultural land to the extent of 73-R and 4-R out of Gut Nos.294 and 296 of village Malegaon Chapla, Tq. Shirur Kasar, Dist. Beed, belonging to the petitioners, has been taken in possession for construction of minor irrigation tank long back. However, neither the Award has yet been declared nor the petitioners have been paid any amount towards the land value. It is further pointed out that, the proceedings in respect of acquisition under the provisions of the

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Land Acquisition Act were initiated in the year 2002, however, those were dropped. Again the land acquisition proceedings were initiated for determination of amount of compensation in the year 2011 with issuance of Section 4 Notification. However, till this date, Award has not been declared.

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5 It cannot be controverted that the provisions of The Right to Fair Compensation & Transparency In Land Acquisition, Rehabilitation & Resettlement Act, 2013 are enforced since 1.1.2014. In view of section 24 of the Act of 2013, if the proceedings of acquisition under the Old Act remained pending on the date of enforcement of the new enactment, the proceedings may continue, however, the determination of the amount of compensation shall be in accordance with Act of 2013. In the instant matter, since the proceedings are already initiated under the old enactment, it may continue, however, the determination of amount of compensation shall be in accordance with the Act of 2013.

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6 The respondents shall determine the amount of compensation payable to the petitioners as expeditiously as possible and preferably within a period of six months from today. The respondents, including the acquiring body, shall pay the

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amount of compensation on declaration of the Award within a period of one month from the date of such declaration.

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7 Rule is made absolute accordingly. No costs.

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(K.L.WADANE, J) (R.M.BORDE, J)

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vbd

Navnath Bhagawan Dahiwal and Others v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

Navnath Bhagawan Dahiwal 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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