Disposed

Baliram Ramji Dhakwal v. Union of India through Secretary and Ors.

Bombay HC17 Jul 2018WP/1642/2018

Case brief

AI extract

What is this about?

The Writ Court disposed of the petition in terms of a compromise between the parties, directing the Respondent to refer a dispute over compensation apportionment to the Principal Civil Court under Section 3H(4) of the National Highways Act, 1956. The Petitioner was granted liberty to withdraw the pending special civil suit.

What did the court decide?

Directing Respondent No. 2 to refer the dispute regarding apportionment of Rs. 38,50,000 out of total compensation of Rs. 77,00,000 under Section 3H(4) of the National Highways Act, 1956 to the Princi

Baliram Ramji Dhakwal Vs Union of India through Secretary… — Land Acquisition | Bombay HC (2018)

¶1

903.wp.1642.2018.doc

¶2

dik

¶3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

¶4

WRIT PETITION NO. 1642 OF 2018

¶5

Baliram Ramji Dhakmal

¶6

...Petitioner.

¶7

¶8

Union of India & Ors.

¶9

...Respondents

¶10

Mr C.G.Gavnekar for the Petitioner.

¶11

Mr Ashish Mehta a/w Mr Pritish Oak for Respondent No.1. Mr Harshad Sathe I/b Saurabh D. Butala for Respondent Nos.3 to 5. Ms Kirti R. Kulkarni AGP for Respondent No.2. Mr G.S.Hiranandani I/b Suhas S. Deokar for Respondent Nos. 6 to 9.

¶12

Digitallysigned by ..... Dhanappa Dhanappa Irappa Koshti IrappaKoshti Date:2018.07.21 CORAM : K.K.TATED, &

¶13

11:06:42+0530 B.P.COLABAWALLA, JJ. JULY 17, 2018.

¶14

P.C. :

¶15

Heard learned counsel for parties.

¶16

2 By this Petition under Article 226 of the Constitution of India, the Petitioner is seeking directions against the Respondents – authority to refer the dispute under Section 3H(4) of the National Highways Act, 1956 to the Principal Civil Judge, Senior Division.

¶17

3 After hearing both the parties for some time, both the parties submitted Minutes of Order duly signed by both the advocates. The same is taken on record and marked “X” for identification, which reads thus:

Pg 1 of 3

903.wp.1642.2018.doc

“ MINUTES OF ORDER”

The dispute relates to apportionment of the amount of Rs.38,50,000/- out of total compensation of Rs.77,00,000/payable towards the acquisition of 700 sq.mtrs out of Survey No. 88/1 of Village Tilore shall be referred by Respondent No.2 to the decision of Principal Civil Court of Original Jurisdiction i.e. Civil Judge, Senior Division, Raigad, Alibag.

¶22

The Respondent No.2 shall pay an amount of Rs.38,50,000/- to Respondent Nos. 3 to 5. The dispute shall be referred to the decision of Civil Court of Original Jurisdiction, and the balance amount shall be deposited to before the Principal Civil Court of Original Jurisdiction i.e. Civil Judge, Senior Division, Raigad, Alibag.

¶23

The Petitioner is granted liberty to withdraw Special Civil Suit No. 113 of 2017 pending before Civil Judge, Senior Division, Alibag (Mahad Camp) so far as it relates to the right and interest in Survey No. 88/1 referred in para 3(a) of the plaint dated 6.9.2017.

¶24

The Petitioner on withdrawal of the part of the said suit shall be permitted to file appropriate claim before Principal Civil Court of Original Jurisdiction i.e. Civil Judge, Senior Division, Raigad, Alibag.

¶25

The Principal Civil Court of Original jurisdiction i.e. Civil Judge, Senior Division, Raigad, Alibag shall determine the dispute after hearing the necessary parties as per law including the petitioner and respondent Nos. 1,3 to 9.

¶26

Writ Petition No. 1642 of 2018 shall stand disposed off in the above said terms with no order as to costs.”

¶27

4 The Respondent – authorities are directed to make reference under Section 3H(4) of the National Highways Act,

¶28

Pg 2 of 3

¶29

903.wp.1642.2018.doc

¶30

1956, as early as possible within four weeks from receipt of the copy of this order.

¶31

5 The Writ Petition stands disposed of accordingly.

¶32

6 No order as to costs.

¶33

(B.P.COLABAWALLA, J.)

¶34

( K.K.TATED, J.)

¶35

Pg 3 of 3

Baliram Ramji Dhakwal v. Union of India through Secretary and Ors.

Case brief

What is this about?

What did the court decide?

Baliram Ramji Dhakwal v. Union of India through Secretary and Ors.

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

Similar cases

The State of Maharashtra.Thr.the Special Land Acquisition Officer. Vs Shri.Gangaram Pavsha Bhoir (DECEASED)THR.LRS.1/1)SMT.RUKHMINI Gangaram Bhoir @Patil and Ors.

The State of Maharashtra.Thr.the Special Land Acquisition Officer. Vs Shri.Gangaram Pavsha Bhoir (DECEASED)THR.LRS.1/1)SMT.RUKHMINI Gangaram Bhoir @Patil and Ors.

Ramchandra Laxman Pardole (Since Decd) through Lrs and Ors. Vs the State of Maharashtra, through Principal Secretary, Revenue and Forest Dept and Ors.

Prakash Vithoba Ubhare Vs the Competent Authority and the Sub Divisional Officer and Ors.

Ganesh Ganapat Mhatre Vs State of Maharashtra through Its Secretary and Ors.

M/S. Eagle Flask Industries Ltd. Vs United India Insurance Co. Ltd.