Nivrutti S/O. Shankar Avchar vs Collector, Buldhana and Others — Land Acquisition | Bombay HC (2025)

Nivrutti S/O. Shankar Avchar vs Collector, Buldhana and Others — Land Acquisition | Bombay HC (2025)

What the court decided

AI extract

Outcome

Order of the Deputy Collector, Revenue quashed and set aside; Deputy Collector directed to refer the matter to the Competent Authority under Section 64 of the 2013 Act, which shall decide the reference within six months from the date of the judgment; all points raised in the petition kept open.

Issue for consideration

Whether the Deputy Collector (Revenue Authority / Land Acquisition Officer), Buldhana was entitled to entertain and decide the objection regarding withdrawal of the compensation amount, or whether the matter ought instead to have been made the subject of a reference under Section 64 of the Right to Fair Compensation, Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

Court's answer

Once the objection regarding withdrawal of the compensation amount was raised, the Deputy Collector, Revenue Authority was not supposed to decide the issue raised in the matter; consequently the order passed by the authority below could not be sustained.

Ratio / Principle

The order of the Deputy Collector, Revenue was quashed and set aside, and the matter was directed to be referred to the Competent Authority under Section 64 of the 2013 Act, which is to decide the reference within six months; all points raised in the petition were kept open.

Detailed headnote1 paragraphs

Bombay High Court, Nagpur Bench (Siddheshwar S. Thombre, J., 13/10/2025), Writ Petition No. 3958 of 2024 (Nivrutti s/o Shankar Avchar v. Collector, Buldhana and others): The Deputy Collector (Land Acquisition) & Land Acquisition Officer, Buldhana had, by order dated 5.6.2024, permitted the parties to withdraw the amount of compensation even though respondent no.3 had objected to such withdrawal by objection dated 15.6.2023. The Court held that once such an objection was raised the Deputy Collector, Revenue Authority was not supposed to decide the issue, and a reference under Section 64 of the Right to Fair Compensation, Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 ought to have been made instead. Accordingly the order of the Deputy Collector, Revenue was quashed and set aside, the Deputy Collector was directed to refer the matter to the Competent Authority under Section 64 of the said Act, and the Competent Authority was directed to decide the reference within six months; all points raised in the petition were kept open.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR . Writ Petition No. 3958 of 2024

Nivrutti s/o Shankar Avchar Vs. Collector, Buldhana and others

Office Notes, Office Memoramda of Coram,__________________________________________________________________________ appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. H.R.Gadhia, Advocate for petitioner.

Mr. Abhijeet Mate, AGP for respondent nos.1 and 2.

Mr. Sachin Mohan Awachar with Advocate Priti R.Jadhav for respondent no.3.

CORAM : SIDDHESHWAR S. THOMBRE, J. DATE : 13/10/2025.

I have heard Mr. Gadhiya, learned counsel for the petitioner and Mr. Mate, learned AGP for the respondent nos.1 and 2.

The learned counsel for petitioner would submit that the Deputy Collector (Land Acquisition) & Land Acquisition Officer, Buldhana, vide its order dated 5.6.2024 permitted the parties to withdraw the amount of compensation. Respondent no.3 raised objection dated 15.6.2023 regarding withdrawal of compensation amount. He would further submit that once such objection was raised, the Authority was not supposed to entertain and decide the said issue and a reference under Section 64 under the Right to Fair Compensation, Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 ought to have been made.

In view thereof, the Deputy Collector, Revenue Authority was not supposed to decide the issue raised in the matter. Therefore, the order passed by the authority below cannot be sustained.

In view thereof, order of the Deputy Collector, Revenue is hereby quashed and set aside and directed

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to refer the matter to the Competent Authority under Section 64 of the aforesaid Act. The Competent Authority shall decide the reference within a period of six months from today.

All points raised in the petition are kept open.

(Siddheshwar S. Thombre, J)

mukund ambulkar

Signed by: Ambulkar (MLA) Designation: PS To Honourable Judge Date: 13/10/2025 21:07:57