Allowed¶13

Niwrutti S/O Ramaji Ninawe v. the Collector, Nagpur and Others

Bombay HC30 Jan 2025WP/2237/2024

Case brief

AI extract

What is this about?

Compensation disbursement; State Highways Act; Award dated 22.12.2022; survey no. 74/1 Mouza Shivmadka Tah. Hingna District Nagpur; total compensation Rs.1,88,83,100/-; petitioner's share Rs.1,84,15,291/-; balance Rs.4,67,809/- to respondent No.4; affidavit dated 02.08.2023 of respondent No.3; faradsheet 27.1.2025; deposit in court; RTGS transmission; interest rejected; writ petition allowed; Bombay High Court Nagpur Bench; WP 2237/2024; Gharote and Mantri JJ.; 31.01.2025.

What did the court decide?

Direction to pay compensation of Rs.1,84,15,291/- to the petitioner and the balance to respondent No.4 at the request of respondent No.3, subject to any claims of respondent No.4 against the petitioner; registry to transmit amount by RTGS on supply of account details; prayer for interest rejected; no costs. ¶13

Niwrutti S/O Ramaji Ninawe vs the Collector, Nagpur and Others — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner is entitled to disbursement of Rs.1,84,15,291/- out of the total compensation of Rs.1,88,83,100/- awarded under the Award dated 22.12.2022, with the balance payable to respondent No.4. +1 more

¶8

Court's answer

There was no dispute on entitlement: learned counsel for respondent No.3 did not dispute the correctness of the affidavit dated 2.8.2023 by respondent No.3 or the petitioner's entitlement to Rs.1,84,15,291/- out of the total compensation payable.

¶10

Ratio / Principle

The Court decided the petition itself notwithstanding the AGP's contention that requisite documents were lacking, because the entire amount of compensation stands deposited in the Court (faradsheet dated 27.1.2025 pursuant to the Court's order dated 24.1.2024).

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Key takeaways

Accepting the affidavit dated 02.08.2023 sworn by respondent No.3 and the statement of respondent No.3's counsel, the Court directed that compensation of Rs.1,84,15,291/- be paid to the petitioner and the balance be paid to respondent No.4 at the request of respondent No.3.ratio¶11
The payment directed is subject to any claims which may be made by respondent No.4 against the present petitioner.ratio¶11
If RTGS details are supplied, the registry shall transmit the amount to the said account.ratio

Detailed headnote1 paragraphs

Writ Petition (High Court of Judicature at Bombay, Nagpur Bench) seeking disbursement of compensation under Award dated 22.12.2022 passed under the provisions of the State Highways Act for acquisition of a proportion of land, field survey no. 74/1, Mouza Shivmadka, Tah. Hingna, District Nagpur. The entire compensation of Rs.1,88,83,100/- stood deposited in Court (faradsheet dated 27.1.2025 pursuant to the Court's order dated 24.1.2024). Acting on the affidavit of respondent No.3 dated 02.08.2023, which respondent No.3's counsel did not dispute, and his oral statement, the Division Bench (Gharote and Mantri, JJ.) directed payment of Rs.1,84,15,291/- to the petitioner and the balance of Rs.4,67,809/- to respondent No.4 at respondent No.3's request, such payment being subject to any claims respondent No.4 may make against the petitioner. Registry to transmit funds by RTGS on receipt of account details. Prayer for interest rejected; no costs. Respondent No.4, described as 'transferre' of respondent No.3, though served, did not appear.

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1 28-2237-24.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR

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WRIT PETITION NO. 2237 OF 2024 Niwrutti S/o Ramaji Ninawe Vs. The Collector, Nagpur and others

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Office Notes, Office Memoranda Court's or Judge's orders of Coram, Appearances, Court's orders or directions and Registrar's orders

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Mr. N.A. Jachak, Advocate for Petitioner Mr. A.V. Palshikar, AGP for Respondent Nos. 1 and 2 Mr. M. V. Arya, Adv. h/f Mr. N.A. Lalwani, Adv. for Respondent No.3

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CORAM: AVINASH G. GHAROTE AND ABHAY J. MANTRI, JJ.

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DATED : 31^st JANUARY, 2025

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The petition seeks the disbursement of amount of compensation awarded in terms of Award dated 22.12.2022 in terms of the provisions of the State Highways Act, which according to the learned counsel for the petitioner has not been disbursed to the petitioner in proportion to their entitlement. It is contended that the petitioner is entitled to compensation of Rs.1,84,15,291/- and the balance compensation of Rs.4,67,809/-, out of the total compensation of Rs.1,88,83,100/- is payable to the respondent no.4. For this he places reliance upon the affidavit of respondent no.3 at page 37 dated 02.8.2023 and of the respondent no.4 of the same date (page 40). It is necessary to note that the respondent no.4 is transferre of respondent No. 3

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2 28-2237-24.odt

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and though served has not appeared. Learned counsel for respondent No. 3, Mr. M.V. Arya holding for Mr. Lalwani, learned counsel does not dispute the correctness of the affidavit dated 2.8.2023 by the respondent No. 3 and the entitlement of the petitioner to the amount of Rs. 1,84,15,291/- out of the total compensation payable in respect of acquisition of proportion of land field survey no. 74/1 Mouza Shivmadka, Tah. Hingna, District Nagpur.

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Though it is contended by the learned AGP that the petitioners have not come with the requisite documents for receiving the compensation, however, since the entire amount of compensation stands deposited in this court which is indicated by noting of faradsheet dated 27.1.2025 in pursuance to the order of this Court dated 24.1.2024, we deem it appropriate to decide the petition here itself. Accordingly accepting the affidavit, dated 02.08.2023, sworn by the respondent No. 3 and statement of the learned counsel for the respondent No.3, present before this Court, we direct that a compensation of Rs.1,84,15,291/- be paid to the petitioner and the balance be paid to the respondent No.4 at the request of the respondent No. 3. This would be however, subject to any claims, which may

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3 28-2237-24.odt

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be made by the respondent No. 4 against the present petitioner. In case the RTGS details are supplied, the registry shall transmit the amount in the said account. The petition is allowed in above terms. The prayer for interest is rejected. No costs.

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(ABHAY J. MANTRI, J.) (AVINASH G. GHAROTE, J.)

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MP Deshpande

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Signed by: Mr. M.P. Deshpande Designation: PA To Honourable Judge Date: 31/01/2025 19:08:16

Niwrutti S/O Ramaji Ninawe v. the Collector, Nagpur and Others

Case brief

What is this about?

What did the court decide?

Niwrutti S/O Ramaji Ninawe v. the Collector, Nagpur and Others

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

All orders in this case

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