Dismissed

Baburao Dattarao Bhalerao and Others v. the State of Maharashtra through Collector, Hingoli and Others

Bombay HC11 Dec 2017AO/36/2017

Case brief

AI extract

What is this about?

The appellant challenged an acquisition order regarding land in Basmant town. The court held that legality of an Award cannot be challenged in an appeal from order. Noting proper procedure, possession taken, and compensation accepted without protest, the appeal was dismissed.

What did the court decide?

Appeal dismissed; interim relief granted earlier stands vacated; pending civil application disposed of.

Baburao Dattarao Bhalerao and Others Vs the State of… — Land Acquisition | Bombay HC (2017)

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14.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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 14 APEAL FROM ORDER NO. 36 OF 2017

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WITH CA/3217/2017 IN AO/36/2017

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BABURAO DATTARAO BHALERAO AND OTHERS

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VERSUS

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THE STATE OF MAHARASHTRA THROUGH COLLECTOR, HINGOLI AND
OTHERS

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...

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Advocate for appellants : Mr. Bodkhe Bhaginath T.
AGP for Respondents State: Mr. B. A. Shinde
Advocate for Respondent No.3 : Mr.Pathan Hamzakhan I.

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ORDER:

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1. Heard learned counsel for the appellants,

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learned AGP for respondent Nos. 1 and 2 and Mr. Pathan,
learned counsel for the respondent No.3.

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2. Survey No.129/2 situated at Basmant town is the

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subject matter of the present appeal from order. The
learned counsel for the respondents submits that land
Survey No.129/2 to the extent of 64 R, 40 R and 40 R
has been already acquired by respondent No.3 for the
purpose of development of Basmant town. The leaned

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counsel for the appellants submits that the Land
Acquisition Officer has not followed the proper

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procedure to acquire the land. The learned counsel

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further submits that the purpose for which the land
was acquired is now changed and therefore, the

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14.odt

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acquisition of the disputed land is in contravention
of the provisions of the Land Acquisition Act.

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3. Considering the submission of the leaned counsel

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for the appellants, I am of the opinion that by way of
filing the Appeal from Order, the legality of the Award
cannot be challenged. If at all the appellants are
aggrieved with the acquisition of their land, then the
appellants may avail remedy available in law, but,
certainly that cannot be challenged in the appeal from
order.

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4. The learned counsel for the respondents points
out that the respondents have acquired the land by
following proper procedure and the present appellants
have withdrawn the amount of compensation. The learned

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counsel for the respondents relied on the receipt
page no. 37, from which, it appears that the present
appellants have accepted the amount of compensation,
that too without protest. Further the learned
counsel for the respondents drawn my attention to the
Panchanama dated 3rd March, 1986, from which, it
appears that the possession of the disputed land i.e.
Survey No.129/2 was already taken by the Acquiring
Body. Copy of the possession receipt dated 03.03.1986

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2/3

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14.odt is also placed on record. 7/12 extracts of the

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land reveals the name of the Municipal Council, Vasmant
since 1987 onwards. Mutation Entry No.1315 is already
taken to that effect.

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5. All the above documents goes to suggest that the

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lands of the present appellants have been quired by
the respondents. Further more, the respondents have
taken possession of the disputed property. Prima facie
it appears that the appellants have accepted the amount
of compensation without protest.

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6. In view of the above, I do not find any
substance in the Appeal from Order and therefore, it
needs to be dismissed and accordingly it is dismissed.

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7. Interim relief granted earlier stands vacated.

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8. Pending civil application also stands disposed

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of.

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JPC

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3/3

Baburao Dattarao Bhalerao and Others v. the State of Maharashtra through Collector, Hingoli and Others

Case brief

What is this about?

What did the court decide?

Baburao Dattarao Bhalerao and Others v. the State of Maharashtra through Collector, Hingoli 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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