Devrao Ganpat More vs the State of Maha., Thr. the… — Land Acquisition | Bombay HC (2025)

Devrao Ganpat More vs the State of Maha., Thr. the… — Land Acquisition | Bombay HC (2025)

What the court decided

AI extract

Outcome

Direction to the Collector, Buldhana to decide the petitioner's representation dated 24.04.2024 within a period of two months by a speaking order, in the light of the order dated 02.05.2022 in Land Acquisition Case No. 11/2020; petition disposed of in the above terms with no costs.

Issue for consideration

Whether the petitioner, whose land was acquired and compensated at Rs. 17,000/- per hectare by the Award dated 30.03.2009, is entitled to compensation at the enhanced rate and refund of the deducted amount of Rs. 2,37,414/- on parity with the similarly situated landowner covered by the Collector's order dated 02.05.2022 in Land Acquisition Case No. 11/2020. +1 more

Court's answer

The Court has not expressed any opinion on the merits of the petitioner's claim for enhanced compensation/refund; the question whether the petitioner is entitled to parity with the order in Land Acquisition Case No. 11/2020 is expressly left open for the Collector to decide.

Ratio / Principle

The writ petition is disposed of with a direction to the Collector, Buldhana to decide the petitioner's representation dated 24.04.2024 within a period of two months by a speaking order.

Detailed headnote1 paragraphs

Bombay High Court (Nagpur Bench): Writ Petition No. 4664 of 2024, decided 26.02.2025 (Alok Aradhe, CJ, authoring the oral judgment; Avinash G. Gharote, J., signing). The petitioner's land (1.10 hectare, village Kaulkhed, Tal. Lonar, Dist. Buldhana) was acquired for an irrigation project and compensated at Rs. 17,000/- per hectare by the Award dated 30.03.2009. A similarly situated landowner had been granted enhanced compensation by the Collector in Land Acquisition Case No. 11/2020 under Section 28-A(3) of the Land Acquisition Act (order dated 02.05.2022). The petitioner's representation dated 24.04.2024 to the Collector, seeking like treatment and refund of the deducted Rs. 2,37,414/-, went unanswered. The Court, without expressing any opinion on the merits, disposed of the petition directing the Collector, Buldhana to decide the representation dated 24.04.2024 within two months by a speaking order; no costs.

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

WRIT PETITION No. 4664 OF 2024

PETITIONER : : Devrao Ganpat More Aged 57 years, Occ. Agriculturist, R/o Koulkhed, Tal. Lonar, District Buldhana

Vs.

RESPONDENTS : 1 The State of Maharashtra, through the Collector, Buldhana

2 The Land Acquisition Officer, Minor Irrigation Division, Collector Office, Buldhana

3 The Executive Engineer, Minor Irrigation Division, Washim

Mr. P.S. Kshirsagar, Advocate for the petitioner Mr. P.P. Pendke, AGP for Respondent Nos.1 and 2

CORAM : ALOK ARADHE, CJ & AVINASH G. GHAROTE, J.

DATED : FEBRUARY 26, 2025

ORAL JUDGMENT (Per : CHIEF JUSTICE)

Rule. Rule is made returnable forthwith. Heard learned counsel for the parties.

In this petition, the petitioner inter-alia seeks writ of mandamus to the Land Acquisition Officer, Buldhana to

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decide the representation dated 24.04.2024, submitted by the petitioner in the light of the judgment dated 02.05.2022 in Land Acquisition Case No. 11/2020, to direct refund of deducted amount of Rs.2,37,414/- to the petitioner.

The facts giving rise to filing of the petition in the nutshell are that the land of the petitioner measuring 1.10 Hector, situated at village Kaulkhed, Tah. Lonar, District Buldhana was acquired by the Irrigation Department for the purpose of irrigation project, an Award was passed on 30.03.2009, by which the petitioner was paid compensation of Rs.17,000/- per hector. It is the case of the petitioner that similarly situate person had sought reference to the Collector and the Collector in Land Acquisition Case No. 11/2020, under Section 28-A(3) of the Land Acquisition Act, passed an order granting compensation at the enhanced rate. It is the case of the petitioner that the land of the petitioner is also similarly situate and, therefore, he is also entitled to compensation at the higher rate. In this regard, the petition has submitted a representation dated 24.04.2024 to the Collector, Buldhana, however, the same has failed to invoke any response. Hence, this petition.

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The learned counsel for the petitioner submits that the petition be disposed with direction to the Collector, Buldhana to decide the representation in the light of the order dated 02.05.2022.

On the other hand, the learned Assistant Government Pleader appearing on behalf of the respondents submits that the representation submitted by the petitioner shall be taken within the time limit as may be fixed by this Court.

In view of the submissions, the writ petition is disposed of with direction to the Collector, Buldhana to decide the representation dated 24.04.2024 submitted by the petitioner within a period of two months by speaking order.

It is made clear that this Court has not expressed its opinion on the merits of the matter.

Accordingly, The petition is disposed of in the above terms. No costs.

Rule accordingly.

(AVINASH G. GHAROTE, J.)

(CHIEF JUSTICE)

MP Deshpande Signed by: Mr. M.P. Deshpande Designation: PA To Honourable Judge Date: 27/02/2025 14:41:57