This order dismisses a writ petition challenging the non-award of compensation for land acquired for a national highway. The High Court held the petition meritless as the petitioner had already participated in a joint measurement exercise and evidenced by his signature on the panchnama.
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14917.17wp
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
WRIT PETITION NO.14917 OF 2017
Ashok s/o Nivruti Jaybhaye,
Age: 65 years, Occu: Agriculture,
R/o. Gadhi, Tq. Georai,
Dist. Beed ..PETITIONER
VERSUS
1. The State of Maharashtra through Collector, Beed
2. The Competent Authority, National Highways/Sub Divisional Officer (Land Acquisition), Beed ..RESPONDENTS
Mr V. A. Dhakne, Advocate for petitioner;
Mr S. S. Dande, A.G.P. for respondent No.1
CORAM : PRASANNA B. VARALE &
RAVINDRA V. GHUGE,JJ.
DATE : 11th SEPTEMBER, 2018
ORAL ORDER :
Heard learned Counsel appearing for the
petitioner.
2.The matter was posted before us yesterday.
The petitioner is owner of agricultural land
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situated in District Beed at Village Gadhi, Tq.
Georai. It is the submission in the petition is
that the said piece of land is adjacent to National
Highway No.211. The grievance of the petitioner
is, the measurement of the land is carried out and
though this exercise was undertaken, no
compensation is awarded to the petitioner. Thus,
the petitioner prays that the respondent-
authorities be directed to hold the fresh joint
measurement of the acquired land from Gut No.668,
situated at Village Gadhi, Tq. Georai, Dist. Beed
along with structure of two storeyed RCC building
admeasuring 66 x 33 and further prays that the
valuation be carried out on the basis of said joint
measurement. Then there is a interim prayer.
3.Perusal of the order sheet shows that on
20th December, 2017, notice was issued to the
respondents, making the same returnable on 5th
January, 2018. Learned A.G.P. waived service of
notice for State of Maharashtra.
14917.17wp
4.Today, the learned A.G.P. placed before us
the copy of panchnama carried out by the
authorities, same is taken on record and marked as
'X' for identification. The copy of the panchnama
clearly shows that an exercise of measurement of
the land was undertaken in presence of the
petitioner. A panchnama shows site and also bears
signatures of the panchas and petitioner. Orally
it was submitted by the learned Counsel for the
petitioner that this measurement is undertaken of
the land Gat No.668 and exercise of measurement of
the adjacent land was not taken.
5.We are not inclined to entertain the
petition, which is filed only on assumptions and
presumptions. When revenue authorities undertook
the exercise of measurement of the land showing the
details, such as, length and width of the land,
signature of the panchas and above all signature of
the land owner i.e. petitioner, the approach to
this Court by way of present petition and seeking
directions to remeasure the land is not
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14917.17wp
sustainable. The petitioner is certainly having
other remedies open for him to raise the grievance
and he is not precluded to avail such remedy before
the competent forum including any other judicial
forum.
6.Considering all these facts, we are of the
opinion, the petition is thoroughly meritless and
deserved to be dismissed at threshold and same is
accordingly dismissed.
(RAVINDRA V. GHUGE) (PRASANNA B. VARALE) JUDGE JUDGE
Tupe
1 issue framed by the court
Whether the writ petition seeking fresh measurement of land wasted compensation can be entertained when the land owner has already signed the joint measurement panchnama.
Ashok s/o Nivruti Jaybhaye
The State of Maharashtra through Collector, Beed
The Competent Authority, National Highways/Sub Divisional Officer (Land Acquisition), Beed
Prasnna B. Varale
Ravindra V. Ghuge
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court