Disposed

Nitin Shahaji Ghogre v. the Competent Authority for Land Acquisition and Anr.

Bombay HC28 Nov 2023WP/7572/2023

Case brief

AI extract

What is this about?

This writ petition challenged the non-payment of land compensation in a forest land acquisition case. Having secured a deposit from NHAI and settled parties' stance, the Court disposed of the petition by directing transfer of the deposited sum to the Competent Authority for lawful disbursement, clarifying no directive was issued for direct payment to the petitioner.

What did the court decide?

Direction to transfer deposited amount and accrued interest to Competent Authority for disbursement to parties in accordance with law.

Nitin Shahaji Ghogre Vs the Competent Authority for Land… — Land Acquisition | Bombay HC (2023)

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24.WP.7572.23.DOC

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO. 7572 OF 2023

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Mr.Nitin S. Ghogre ..Petitioner

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Versus

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Digitally signed ANJALI by ANJALITUSHAR TUSHAR ASWALE ASWALE Date: 2023.11.3017:00:07 +0530

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The Competent Authority for Land Acquisition and Sub-Divisional Officer Baramati Sub-Division, Baramati & Anr ..Respondents

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WITH INTERIM APPLICATION NO.16497 OF 2023 IN WRIT PETITION NO. 7572 OF 2023

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Rajaram K. Raut & Ors ..Applicant (Intervener) IN THE MATTER BETWEEN Mr.Nitin S. Ghogre ..Petitioner

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(Intervener)

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Versus

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The Competent Authority for Acquisition & Sub-Divisional Officer Baramati & Anr ..Respondents

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Dr.Ramdas P. Sabban , with Mr.Pravin Sabban, Advocates for the Petitioner.

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Mr. Rakesh Singh, with Ms.Heena Shaikh i/b M. V. Kini & Co, Advocates for Respondent No.2.

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Mr. A. I. Patel, Addl.G.P. a/w Smt.M. S. Bane, AGP, for the State/Respondent.

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Mr.Shailesh D. Chavan a/w Amol Atole, Prakash

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Page 1 of 5 NOVEMBER 28, 2023

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Aswale

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24.WP.7572.23.DOC

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Jadhav Advocates for the Intervenors /Applicant in IA.16497/23.

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CORAM : B. P. COLABAWALLA & SOMASEKHAR SUNDARESAN, JJ. DATE : NOVEMBER 28, 2023

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P.C.

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The subject matter of the present Petition is the acquisition of the Petitioner’s land admeasuring 11,289 sq.mtrs of Gat No.225/Part, Village Bavada, Taluka Indapur District Pune. This acquisition was for National Highway No.965-G (km 0/000 to 72/000). The Competent Authority has also passed an Award after following due procedure of law and awarded compensation of Rs.2,50,84,413/-.

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2 Before the Petition was filed, the Competent Authority has disbursed the amount of Rs.1,44,44,046/- to the Petitioner for compensation of fruit trees as well as pipelines. The balance amount of Rs.1,06,40,367/-, and which is for the land component, was not paid because it was the case of the Competent Authority as well as NHAI that the land in question is a reserved forest, and therefore, it is not legal to disburse the land component compensation to the Petitioner.

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Page 2 of 5 NOVEMBER 28, 2023

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Aswale

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24.WP.7572.23.DOC

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3 Prima facie , we did not find favour with this argument. Therefore, on 31^st August, 2023, this Court directed NHAI to deposit the amount of Rs.1,06,40,367/- together with interest @9% p.a. from the date of the Award till the date of deposit. This has been duly done by NHAI and the same is also recorded by us in our order dated 3^rd October, 2023.

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4 Today when the matter is called out, the learned counsel appearing on behalf of NHAI has stated that NHAI is not disputing the amount of compensation awarded, namely the amount of Rs.2,50,84,413/-. He however submitted that the disbursement of the aforesaid amount or any part thereof has to be decided by the Competent Authority in accordance with law. Dr. Sabban, the learned counsel appearing on behalf of the Petitioner, also fairly stated that now that the amount of Rs.1,42,50,512/- (being the amount of Rs.1,06,40,367/- together with interest @9% p.a. from the date of the Award, namely 30^th November, 2019, till the date of deposit) has been deposited in this Court, the same can be, along with accrued interest, if any, be transferred to the Competent Authority who can then disburse the said amount in accordance with law.

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Page 3 of 5 NOVEMBER 28, 2023

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Aswale

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24.WP.7572.23.DOC

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5 Considering the stand taken by the parties, we dispose

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of the above Writ Petition by passing the following directions:-

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a) The Registry of this Court shall transfer the amount of Rs.1,42,50,512/- together with accrued interest, if any, to the account of the Competent Authority within a period of two weeks from today.

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b) Once the amount is received by the Competent Authority, it shall disburse the same to the parties concerned in accordance with law.

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6 We clarify that this order should not be construed to mean that we have directed that this amount ought to be paid to the Petitioner only. It is needless to state that any claims made for compensation towards the land which is acquired shall be decided by the Competent Authority uninfluenced by any observations of this Court and in accordance with law as expeditiously as possible.

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7 In view of the disposal of the Writ Petition, nothing survives in the above Interim Application and the same is also disposed of accordingly.

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Page 4 of 5 NOVEMBER 28, 2023

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Aswale

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24.WP.7572.23.DOC

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8 This order will be digitally signed by the Private Secretary/ Personal Assistant of this Court. All concerned will act on production by fax or email of a digitally signed copy of this order.

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[SOMASEKHAR SUNDARESAN, J.] [ B. P. COLABAWALLA, J.]

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Page 5 of 5 NOVEMBER 28, 2023

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Aswale

Nitin Shahaji Ghogre v. the Competent Authority for Land Acquisition and Anr.

Case brief

What is this about?

What did the court decide?

Nitin Shahaji Ghogre v. the Competent Authority for Land Acquisition and Anr.

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

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