Allowed

Arjun Namdeo Molawane and Others v. the State of Maharashtra and Others

Bombay HC5 Dec 2018CRA/133/2018

Case brief

AI extract

What is this about?

In a civil revision application, the High Court held that a Special Land Acquisition Officer cannot reject a reference application for mere non-payment of court fees and must forward it to the Reference Court. The court allowed the application provided the applicants file an affidavit waiving interest on the delay period.

What did the court decide?

Civil Revision Application allowed; Appellant to file affidavit waiving interest on delay period for Record Court to consider; Deputy Collector directed to forward reference within four weeks.

Arjun Namdeo Molawane and Others Vs the State of Maharashtra… — Land Acquisition | Bombay HC (2018)

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Madkar

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1 C.R.A. No. 133/2018

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD

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CIVIL REVISION APPLICATION No. 133 of 2018

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Arjun S/o Namdeo Molawane and others … Applicants
 Versus
The State of Maharashtra and others …Respondents

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 Mr. L.C. Patil, Advocate for applicants.
Mr. S.W. Munde, Asstt. Govt. Pleader for respondents

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Coram : N.M. Jamdar, J. Date : 5 December 2018.

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ORAL ORDER :

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1.Heard the learned Counsel for the applicants and the
learned Assistant Government Pleader for the respondents.

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2.The applicants have challenged the order passed by the
Special Land Acquisition Officer, Osmanabad, dated 12 May 2016
refusing to forward the reference made under section 18 of the Land
Acquisition Act. The ground given by the Special Land Acquisition
Officer for not forwarding the reference is that the applicants have
not paid the required court fees.

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Madkar

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2 C.R.A. No. 133/2018

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3.This Civil Revision Application was filed after delay of
608 days. At the time of condonation of delay, the learned Single
Judge (Mr. R.V. Ghuge, J.) has observed thus:

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“4. Learned counsel for the applicants submits that
these applicants are agriculturists who have lost their lands
in the acquisition. They are running from pillar to post for
seeking enhancement of compensation. This Court is the
last hope and the delay is not inordinate or deliberate. It is
submitted that these applicants are willing to waive the
interest component on the enhanced compensation
amount, if they succeed from the date of their application
which is 16/02/2015, till the filing of the Civil Revision
Application which 29/01/2018.

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5. Though, the learned AGP has opposed this
application on the ground of passage of five years from the
date of the award, I am inclined to entertain this
proceeding keeping in view that the applicants are willing
to waive the interest component as recorded above.”

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4.The question, whether the Special Land Acquisition
Officer can refuse to forward the reference on the ground of non
payment of court fees, has been considered by this Court on various
occasions. Two such orders have been placed on record. In Civil

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Madkar 3 C.R.A. No. 133/2018

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Application No. 12437 of 2017 in Civil Revision Application (Stamp)
No. 31946 of 2017 and others, the learned Single Judge (M.S.
Sonak, J.) has held that the reference has not been rejected on merits
and putting the applicants to condition of not claiming interest, the
orders can be set aside. In Civil Application No. 5552 of 2018
alongwith Civil Revision Application (Stamp) No. 10219 of 2018 the
learned Single Judge (S.P. Deshmukh, J.) of this Court has observed
thus:

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“5. Although such a resistance is being put forth by
learned AGP, it may have to be adverted to a decision of
learned single judge of this court in the case of “Laxmibai
Ganesh Parke and Others V/s State of Maharashtra and
Others” reported in 2011 (5) Bom.C.R. 347, wherein it
has been observed that special land acquisition officers and
sub divisional officers are not empowered to reject
applications filed by claimants, may be for non removal of
deficiencies viz., payment of court fee, etc. and it is
obligatory for the authority to forward applications of
claimants to reference court.”

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Thus, this Court has taken a view that the Special Land Acquisition
Officer is not empowered to reject the application for non removal of
deficiencies and it is obligatory on them to forward the reference to

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Madkar 4 C.R.A. No. 133/2018

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the Reference Court. No contrary view is shown. In these
circumstances, the Civil Revision Application will have to be allowed.
The learned Counsel for the applicants, on instructions, makes a
statement that the applicants will not claim any interest for the period
of delay. Such a statement on affidavit be filed before the Reference
Court.

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5.Accordingly the Civil Revision Application is allowed in
terms of prayer clause 'B'.

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6.The applicants will take necessary steps within a period of
four weeks.

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7.The Deputy Collector-the concerned Special Land
Acquisition Officer will take necessary steps as per law thereafter
within a period of four weeks.

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8.Order of this Court be informed to the concerned Deputy
Collector-Special Land Acquisition Officer forthwith.

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N.M. Jamdar, J.

Arjun Namdeo Molawane and Others v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

Arjun Namdeo Molawane and Others v. the State of Maharashtra and Others

Case brief

What is this about?

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What the court decided

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