Partly allowed

Radhakisan Eknath Chaudhari v. the Union of India and Another

Bombay HC11 Sept 2019WP/1247/2019

Case brief

AI extract

What is this about?

The Court disposed of multiple writ petitions seeking remedy for lack of compensation award. Petitions against non-passed awards were dismissed as premature. The petition against a passed award was allowed to be withdrawn with liberty to appeal under the Pipelines Act.

What did the court decide?

DP No. 4867 of 2019 allowed to be withdrawn with liberty to approach competent authority; other petitions dismissed as premature.

Radhakisan Eknath Chaudhari Vs the Union of India and Another — Land Acquisition | Bombay HC (2019)

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wp4881.19

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(1)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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WRIT PETITION NO. 4881 OF 2019

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Sambhaji Laxman Bhand
Age-69 years, Occu - Agri.,
R/o- At Ladgaon Post Malunja
Tq. Shrirampur,Dist.-Ahmednagar..PETITIONER

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VERSUS

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1. Union of India
Through its Secretary.
Ministry of Petroleum and
Natural Gas A - Wing, Shashtri
Rajendra Prasad Road,110001,
Azad Bhawan Rd. IP Estate,
New Delhi, Delhi 110002

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2. The Competent Authority
(Retired Deputy Collector)
Indian Oil Corporation Limited,
Koyali-Ahmednagar-Solapur
Petroleum Pipeline Division,
2nd Floor, Varad Sankul Nandgaon
Road, Manmad (Maharashtra)
District: Nasik

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3. Indian Oil Corporation Limited
Koyali-Ahmednagar-Solapur
Through its Authorized Officer
Petroleum Pipeline Division,
2nd Floor, Varad Sankul Nandgaon
Road, Manmad (Maharashtra)
District : Nasik..RESPONDENTS

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WITH

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(2)

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WRIT PETITION NO. 4867 OF 2019

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Babasaheb Gangadhar Autade
Age- 55 years, Occu-Agri,
R/o At Jafrabad, Tq.Shrirampur
Dist-Ahmednagar..PETITIONER

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VERSUS

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1. Union of India
Through its Secretary.
Ministry of Petroleum and
Natural Gas A - Wing, Shashtri
Rajendra Prasad Road,110001,
Azad Bhawan Rd. IP Estate,
New Delhi, Delhi 110002

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2. The Competent Authority
(Retired Deputy Collector)
Indian Oil Corporation Limited,
Koyali-Ahmednagar-Solapur
Petroleum Pipeline Division,
2nd Floor, Varad Sankul Nandgaon
Road, Manmad (Maharashtra)
District: Nasik

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3. Indian Oil Corporation Limited
Koyali-Ahmednagar-Solapur
Through its Authorized Officer
Petroleum Pipeline Division,
2nd Floor, Varad Sankul Nandgaon
Road, Manmad (Maharashtra)
District : Nasik..RESPONDENTS

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WITH

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WRIT PETITION NO. 1247 OF 2019

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Radhakisan S/o Eknath Chaoudhari
Age-33 years, Occu.Agri,
R/o At Ladgaon Post Malunja
Tq Shrirampur, Dist. Ahmednagar..PETITIONER

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VERSUS

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wp4881.19 (3)

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1. Union of India
Through its Secretary.
Ministry of Petroleum and
Natural Gas A - Wing, Shashtri
Rajendra Prasad Road,110001,
Azad Bhawan Rd. IP Estate,
New Delhi, Delhi 110002
2. The Competent Authority
(Retired Deputy Collector)
Indian Oil Corporation Limited,
Koyali-Ahmednagar-Solapur
Petroleum Pipeline Division,
2nd Floor, Varad Sankul Nandgaon
Road, Manmad (Maharashtra)
District: Nasik..RESPONDENTS

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WITH
WRIT PETITION NO. 1275 OF 2019
1. Dilip S/o Ramrao Bhand,
Age 60 years, Occu-Agri.,
2. Sudam S/o Ramrao Bhand
Age-50 years, Occu-Agri.,
3. Govind S/o Diliprao Bhand
Age-26 years, Occu-Agri.,
R/o- At Ladgaon Post Malunja
Tq. Shrirampur,Dist.-Ahmednagar .PETITIONERS
VERSUS
1. Union of India
Through its Secretary.
Ministry of Petroleum and
Natural Gas A - Wing, Shashtri
Rajendra Prasad Road,110001,
Azad Bhawan Rd. IP Estate,
New Delhi, Delhi 110002

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(4)

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wp4881.19

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2. The Competent Authority
(Retired Deputy Collector)
Indian Oil Corporation Limited,
Koyali-Ahmednagar-Solapur
Petroleum Pipeline Division,
2nd Floor, Varad Sankul Nandgaon
Road, Manmad (Maharashtra)
District: Nasik..RESPONDENTS
WITH
WRIT PETITION NO. 1249 OF 2019
1. Uddhav Purushottam Raut
Age 53 years, Occu-Agri.,
2. Vijay Purushottam Raut
Age-50 years, Occu-Agri.,
Both R/o- At Ladgaon Post Malunja
Tq. Shrirampur,Dist.-Ahmednagar
3. Anita Digambar Lipte
Age-39 years, Occu-Agri.,
4.Digambar Kisan Lipte
Age-47 years, Occu-Agri.,
Both R/o- At Padhegaon,
Tq. Shrirampur,Dist.-Ahmednagar .PETITIONERS
VERSUS
1. Union of India
Through its Secretary.
Ministry of Petroleum and
Natural Gas A - Wing, Shashtri
Rajendra Prasad Road,110001,
Azad Bhawan Rd. IP Estate,
New Delhi, Delhi 110002
2. The Competent Authority
(Retired Deputy Collector)
Indian Oil Corporation Limited,
Koyali-Ahmednagar-Solapur
Petroleum Pipeline Division,

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wp4881.19

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(5)

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2nd Floor, Varad Sankul Nandgaon
Road, Manmad (Maharashtra)
District: Nasik..RESPONDENTS

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WITH
WRIT PETITION NO. 1257 OF 2019

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1. Sunita Dilip Bhand
Age 50 years, Occu-Agri.,
2. Uddhav Ramrao Bhand
Age-65 years, Occu-Agri.,
3. Rajani Uddhav Bhand
Age-58 years, Occu-Agri.
4. Rohini Sudam Bhand
Age-40 years, Occu-Agri.
R/o- At Ladgaon Post Malunja
Tq. Shrirampur,Dist.-Ahmednagar .PETITIONERS
VERSUS
1. Union of India
Through its Secretary.
Ministry of Petroleum and
Natural Gas A - Wing, Shashtri
Rajendra Prasad Road,110001,
Azad Bhawan Rd. IP Estate,
New Delhi, Delhi 110002
2. The Competent Authority
(Retired Deputy Collector)
Indian Oil Corporation Limited,
Koyali-Ahmednagar-Solapur
Petroleum Pipeline Division,
2nd Floor, Varad Sankul Nandgaon
Road, Manmad (Maharashtra)
District: Nasik..RESPONDENTS

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wp4881.19

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(6)

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WRIT PETITION NO. 1264 OF 2019
1. Rajendra S/o Kisan Bhand,
Age 38 years, Occu-Agri.,
2. Govind S/o Diliprao Bhand
Age-26 years, Occu-Agri.,
R/o- At Ladgaon Post Malunja
Tq. Shrirampur,Dist.-Ahmednagar .PETITIONERS
VERSUS
1. Union of India
Through its Secretary.
Ministry of Petroleum and
Natural Gas A - Wing, Shashtri
Rajendra Prasad Road,110001,
Azad Bhawan Rd. IP Estate,
New Delhi, Delhi 110002
2. The Competent Authority
(Retired Deputy Collector)
Indian Oil Corporation Limited,
Koyali-Ahmednagar-Solapur
Petroleum Pipeline Division,
2nd Floor, Varad Sankul Nandgaon
Road, Manmad (Maharashtra)
District: Nasik..RESPONDENTS
Mr A. G. Talhar, Advocate for petitioners;
Mr A.B.Dhongade, Advocate for respondent Nos. 1 & 2
Mr A.P.Bhandari, Advocate for respondent No.3

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 CORAM : PRASANNA B. VARALE
AND
 AVINASH G GHAROTE , JJ.
 DATE : 11th September, 2019

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ORAL ORDER:

All these petitions are taken up
together with the consent of the parties for
hearing/disposal.

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2.In Writ Petition No. 4867 of 2019 an

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affidavit in reply is filed on behalf of respondent
- Corporation and it is stated that the award is
passed on 13th February, 2019. Mr.Talhar, learned
Counsel for the petitioners prays for withdrawal of
the petition with liberty to avail appropriate
remedies including preferring of an appeal by
taking recourse to the provisions of Petroleum and
Minerals Pipelines (Acquisition of Right of User in
Land) Act, 1962.

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3.Writ Petition NO.4867 of 2019 is allowed

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to be withdrawn, with liberty as prayed for and
needless to say that if an appeal is preferred by
the petitioners, same would be decided by competent
authority or Court considering the merits of the
appeal.

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4.In rest of the petitions namely, Writ

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wp4881.19 (8)

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Petition Nos. 1247 of 2019, 1275 of 2019, 1249 of
2019, 1257 of 2019, 1264 of 2019, and 4881 of 2019,
a statement is made in the affidavit-in-reply filed
on behalf of Corporation that till date, award is
not passed. Same is likely to be passed in next
two months.

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5.In view of the fact that the award is not
passed, it can safely be said that the writ
petitions are premature and considering this very
fact, we see no reason to entertain premature writ
petitions. Writ Petitions are accordingly
dismissed and disposed of.

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6.Mr. Talhar, learned Counsel for the

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petitioners states that in case, the award is
passed and the petitioners are aggrieved by
inadequate compensation, they be permitted to take
appropriate remedies including preferring appeals
under Petroleum and Minerals Pipelines (Acquisition
of Right of User in Land) Act, 1962. In case, such
appeals are preferred by the petitioners, needless

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to say that the competent authority or Court to

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wp4881.19 (9)

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decide the appeals so preferred on their own

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merits.

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7.Writ Petitions are accordingly dismissed
and disposed of.

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[AVINASH G. GHAROTE, J.][PRASANNA B. VARALE,J.]

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Tupe

Radhakisan Eknath Chaudhari v. the Union of India and Another

Case brief

What is this about?

What did the court decide?

Radhakisan Eknath Chaudhari v. the Union of India and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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