Disposed

The Director / Ex-Officio Joint Secretary Thr. Dr. Levinson Jeronimo Martins v. Naval Narottam Kakodkar and 10 Ors.

Bombay HC17 Apr 2024WP/182/2023

Case brief

AI extract

What is this about?

Petitioner challenged an order directing a reference under the 2013 Land Acquisition Act. The High Court allowed the petitioner to withdraw the challenge as the Land Acquisition Officer undertook to comply with the order and made a reference within 30 days.

What did the court decide?

Petition disposed of; Land Acquisition Officer directed to make reference under the new Act within 30 days.

The Director / Ex-Officio Joint Secretary Thr. Dr. Levinson… — Land Acquisition | Bombay HC (2024)

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8 WP 182 OF 2023.ODT

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Esha

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IN THE HIGH COURT OF BOMBAY AT GOA

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WRIT PETITION NO. 182 OF 2023

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THE DIRECTOR/EX-OFFICIO JOINT SECRETARY, THR. DR. LEVINSON JERONIMO MARTINS

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… PETITIONER

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Versus

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NAVAL NAROTTAM KAKODKAR & 10 OTHERS … RESPONDENTS

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Ms. Sulekha Kamat, Additional Government Advocate for the Petitioner.

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Mr. P.A. Kholkar, Advocate for Respondent Nos. 1 to 7.

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Mr. Neehal Vernekar, Additional Government Advocate for Respondent Nos. 9, 10 and 11.

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CORAM: BHARAT P. DESHPANDE, J.

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DATED: 17^th APRIL 2024

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ORAL ORDER:

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1. Heard the learned Additional Government Advocate Ms. Kamat for the Petitioner, learned Counsel Mr. Kholkar appearing for Respondent Nos. 1 to 7 and Mr. Vernekar for Respondent Nos. 9, 10 and 11.

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2. This Petition is filed challenging the order passed by the Reference Court dated 08.02.2016. By this order, the learned

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Page 1 of 4 17^th April 2024

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8 WP 182 OF 2023.ODT

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Reference Court considered that the new Act i.e. Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 is applicable and accordingly, directed the Petitioner herein to make a reference in accordance with the new Act.

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3. It is admitted fact that the award was passed on 15.09.2014 i.e. after coming into force of the Act of 2013 and accordingly, any Application for reference under Section 18 of the Land Acquisition Act, 1894 could not have been referred to the Civil Court in deciding the quantum. The learned District Judge after considering the provisions of the Act of 2013 and more specifically under Sections 24 and 52 of the Act of 2013, observed that the reference under the old Act was not tenable and accordingly, returned the said reference with a direction to make reference under the new Act.

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4. Mr. Kholkar now submits that the Respondents filed an Application before the District Court, South Goa, Margao vide Civil Miscellaneous Application No. 62 of 2022. This Application was filed under Section 64 of the Act of 2013 seeking directions to the Land Acquisition Officer to make reference.

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8 WP 182 OF 2023.ODT

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5. The learned District Judge vide its order dated 04.04.2023 allowed the said Application and directed the Land Acquisition Officer to make a reference under the new Act in respect of declaration under Section 6 of the old Act issued on 21.02.2021, within a period of 30 days.

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6. Admittedly, the Application filed before the District Court pertains to the same acquisition proceedings and between the same parties.

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7. Mr. Vernekar appearing on behalf of the Land Acquisition Officer now submits that the said Officer shall comply with the directions issued by the District Court by making reference to the competent Authority under the new Act.

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8. The award passed by the Land Acquisition Officer dated 15.09.2014 and more specifically in paragraph 13, referred to the award having been passed under the provisions of the Act of 2013. Accordingly, in view of the subsequent development and the order passed by the District Court, South Goa, Margao on 04.04.2023, which is in line with the order passed by the District Judge-3, Margao impugned herein, and the statement made by Mr. Vernekar on behalf of the Land Acquisition Officer, the Petition

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Page 3 of 4 17^th April 2024

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8 WP 182 OF 2023.ODT

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could be disposed of by directing the Land Acquisition Officer to make reference as per the provisions of the new Act to the competent Authority within a period of 30 days from today.

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9. With these observations, nothing survives in the present Petition and accordingly, the same stands disposed of.

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BHARAT P. DESHPANDE, J.

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ESHA SAINATH Digitally signed by ESHA SAINATH VAIGANKAR VAIGANKAR Date: 2024.04.23 16:34:14 +05'30'

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Page 4 of 4

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17^th April 2024

The Director / Ex-Officio Joint Secretary Thr. Dr. Levinson Jeronimo Martins v. Naval Narottam Kakodkar and 10 Ors.

Case brief

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The Director / Ex-Officio Joint Secretary Thr. Dr. Levinson Jeronimo Martins v. Naval Narottam Kakodkar and 10 Ors.

Case brief

What is this about?

What did the court decide?

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