The High Court allowed the writ petition quashing a second land acquisition award dated 01.03.2021, relying on a prior judgment that authorities lack jurisdiction to pass a second award in ongoing proceedings.
Second award dated 01.03.2021 is quashed and set aside.
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1 wp 7450.2021
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
75 WRIT PETITION NO.7450 OF 2021
DEVANAND NARAYANI KOTGIRE AND ANOTHER
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
...
Advocate for Petitioners: Mr. Kadam Vishant P.
AGP for Respondents No. 1&2: Mrs. M. A. Deshpande
Advocate for Respondents No. 3&4:
Mr. D. S. Manorkar
...
CORAM:S. V. GANGAPURWALA &
R. N. LADDHA, JJ.
DATE:27th SEPTEMBER, 2021
PER COURT:
1.Mr. Kadam, learned Advocate for the
petitioners submits that the land of the
petitioners was acquired. The award was passed on
28.05.2020. Subsequently, on or about 01.03.2021
second award is passed in respect of the same
property and the same acquisition proceedings.
According to the learned Advocate, the second
award is not permissible under the statute. The
land appears to have been acquired under the
provisions of the National Highways Act, 1956.
2.We have heard Mr. Manorkar, learned Advocate
for the respondent. The learned Advocate submits
that, initially provisional award was passed
on 28.05.2020. The defects were noticed in the
2 wp 7450.2021
said award in respect of the market value of the
lands and the acquisition. The objections were
communicated to respondent no. 3 and thereafter
the award dated 28.05.2020 was corrected and
thereafter award was passed on 01.03.2021.
3.We have under our Judgment and Order
dated 08.11.2019 in Writ Petition No. 1883 of 2018
with connected writ petitions held that the
respondent authority does not possess jurisdiction
to pass second award. In the present matter, the
second award is passed almost after 9 / 10 months.
4.For the reasons recorded in the Judgment and
Order dated 08.11.2019 in Writ Petition No. 1883
of 2018 with connected writ petitions, second
award dated 01.03.2021 is quashed and set aside.
Needless to state, the parties are entitled to
take steps with regard to the award dated
28.05.2020 in accordance with law. In that event,
all contentions of the parties are kept open.
5.Writ Petition is accordingly allowed in above
terms. No costs.
[R. N. LADDHA, J.] [S. V. GANGAPURWALA, J.]
marathe
1 issue framed by the court
Whether a second award passed in the same acquisition proceedings after a provisional award is permissible under the statute.
Colour shows how this judgement treated each authority
Writ Petition No. 1883 of 2018Explained¶18
DEVANAND NARAYANI KOTGIRE AND ANOTHER
THE STATE OF MAHARASHTRA
S. V. GANGAPURWALA
R. N. LADDHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court