Allowed

Nandkumar Kundlik Wagh and Another v. the Union of India and Others

Bombay HC25 Oct 2016WP/4703/2016

Case brief

AI extract

What is this about?

This writ petition challenged compensation for land acquired under an earlier award, alleging it did not follow the 2013 Act's provisions. The Court found the Special Officer admitted entitlement under the new law and directed Respondents to calculate compensation per the 2013 Act within six months.

What did the court decide?

Respondents directed to calculate compensation as per the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 within six months.

Nandkumar Kundlik Wagh and Another Vs the Union of India and… — Land Acquisition | Bombay HC (2016)

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913.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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WRIT PETITION NO. 4703 OF 2016

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1. Nandkumar s/o Kundlik Wagh Age 59 years, Occu: Agri R/o Adul (Kh), Tq. Paithan Dist. Aurangabad.

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2. Satish s/o Nandkumar Wagh ... Petitioners Age 30 years, Occu: Agri R/o Adul (Kh), Tq. Paithan Dist. Aurangabad.

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VERSUS

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1. Union of India Through Its Secretary, Ministry of Road Transport and Highways, New Delhi

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2. Project Director, Project Implementation Unit, B-23, Kamgar Chowk, CIDCO, N-4, aurangabad 431 003

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3. The Competent Authority (Land Acquisition) Indian National Highway No.211 Deputy Colelctor, Land Acquisition, Krushna Khore Vikas Mahamandal, Aurangabad.

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4. The State of Maharashtra, ... Respondents. Through its Principal Secretary, Public Works Department, Mantralaya, Mumbai 400 032

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Mr. S. S. Tope, Advocate for the petitioner,
Mr. S. B. Talekar, Advocate for respondent NO.2,
Mr. B. V.Virdhe, AGP for respondent No.4,

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CORAM: S. V. GANGAPURWALA &

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K. L. WADANE, JJ.

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 DATE:
25th October, 2016

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913.odt

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JUDGMENT (Per S.V. Gangapurwala, J):

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1.Rule. Rule made returnable forthwith. With
consent of parties, the petition is taken up for final
disposal

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2. Mr. Tope, the learned counsel for the

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petitioners submits that the land of the petitioners
was acquired under the award dated 01.09.2014.
Compensation is awarded, however, not in accordance
with the provisions of the Right to Fair Compensation
and Transparency in Land Acquisition, Rehabilitation
and Resettlement Act, 2013. The said Act of 2013 has

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been made applicable to the acquisition under the
National Highways Act pursuant to Circular dated
03.02.2016 from 01.01.2015 and if compensation is not

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paid prior to 31.12.2014, though the award is passed
prior to the said date, compensation is required to be
paid as per the new Act of 2013.

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3. According to the learned counsel for the

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petitioners, compensation was paid to the petitioners
on 28.01.2015 by R.T.G.S. in the accounts of the
petitioners. The learned counsel submits that even the
Highways Authority has taken a decision on 28.09.2016
to award compensation as per the Act of 2013.

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913.odt

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4. Mr. Talekar, the learned counsel for the
respondent National Highways Authority submits that on
01.11.2014, the Competent Authority (Acquisition) had
directed to the petitioners to submit account
particulars and the documents for depositing the
amount. The same was much prior to 31.12.2014. It was
delay on the part of the petitioners in forwarding the

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documents and information as solicited by letter dated
1.11.2014. As such, the compensation is rightly paid.

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5. We have heard the learned AGP also.

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6. We have gone through the affidavit in reply
filed by the Special Land Acquisition Officer. The
Special Land Acquisition Officer has categorically
admitted in his affidavit in reply that the petitioners
are entitled for the compensation as per the Act of
2013 and the same is required to be done.

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7. We need not go into other aspects of the matter

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in view of the letter dated 28.09.2016 issued by the
National Highways Authority, whereby, it has taken a

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decision to grant escalation in the amount of
compensation awarded. The award pursuant to which the

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land of the petitioners is acquired is also included
in the same. The said letter is placed on record by the

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913.odt

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petitioners. As the National Highways Authority has
taken a decision to grant escalation in compensation as
per the Right to Fair Compensation and Transparency in
Land Acquisition, Rehabilitation and Resettlement Act,
2013, we need not debate into the merits of the
contentions.

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8. The amount has been deposited as per the award
dated 01.09.2014 in the accounts of the petitioners on
28.01.2015.

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9. Considering the aforesaid conspectus of the
matter, the respondents shall calculate the
compensation as per the Right to Fair Compensation and
Transparency in Land Acquisition, Rehabilitation and
Resettlement Act, 2013 in respect of the award dated
01.09.2014 with regard to the land of the petitioners.
The said exercise shall be done expeditiously,
preferably within six months from today and the amount
be paid to the petitioners.

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10. Rule is made absolute accordingly. No costs.

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(K. L. WADANE, J.) (S. V. GANGAPURWALA, J. )

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JPC

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Nandkumar Kundlik Wagh and Another v. the Union of India and Others

Case brief

What is this about?

What did the court decide?

Nandkumar Kundlik Wagh and Another v. the Union of India 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

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