Chandrakant Dattatray Chaudhari vs the District Collector… — Land Acquisition | Bombay HC (2025)

Chandrakant Dattatray Chaudhari vs the District Collector… — Land Acquisition | Bombay HC (2025)

What the court decided

AI extract

Outcome

Direction to the Sub Divisional Officer (Land Acquisition No.II), Nashik to move the Civil Court, obtain orders and transfer the deposited amounts to the authority under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013; contentions of Respondent nos.5 and 6 kept open; disposed of with no costs.

Issue for consideration

Whether the amounts ordered to be deposited with the Civil Court pursuant to the operative order of the Sub Divisional Officer (Land Acquisition No.II), Nashik should instead be deposited with the authority under Section 2(a-1) and 3(f) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

Court's answer

The petitioner's contention that the amounts deposited with the Civil Court must now be deposited with the authority under Section 2(a-1) and 3(f) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 is correct and is accepted by the Court.

Ratio / Principle

The Sub Divisional Officer (Land Acquisition No.II), Nashik is directed to take appropriate steps to move the Civil Court, obtain orders, and transfer the said amounts to the authority stipulated under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

Key takeaways

The authority shall follow the procedure in law and may take appropriate decision on any application in the main proceedings regarding disbursement of amounts only after hearing the Petitioner and Respondent nos.5 and 6.ratio¶13
All contentions of Respondent nos.5 and 6 are kept open, and no prejudice is caused to the Respondents given the limited nature of the orders passed and their non-representation.ratio¶13

Detailed headnote1 paragraphs

Bombay High Court (G. S. Kulkarni & Aarti Sathe, JJ.) in a writ petition under Article 226 of the Constitution of India: where the operative order of the Sub Divisional Officer (Land Acquisition No.II), Nashik required amounts to be deposited with the Civil Court, the Court accepted the petitioner's contention that such amounts must instead be deposited with the authority under Section 2(a-1) and 3(f) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The SDO was directed to take appropriate steps to move the Civil Court, obtain orders and transfer the amounts to the said authority. Contentions of Respondent nos.5 and 6 were kept open; the authority is to decide any disbursement application only after hearing the Petitioner and Respondent nos.5 and 6. Petition disposed of with no costs.

4.WP.9619.2025.DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

WRIT PETITION NO.9619 OF 2025

Chandrakant Dattatray Chaudhary Petitioner Versus TheDistrict Collector (Land Acquisition) Nashik and others Respondents

Mr.Dhanraj A.Lodha for Petitioner. Mr.B.V.Samant, Additional G.P. with Ms.M.P.Thakur, AGP, for Respondent State.

CORAM: G. S. KULKARNI & AARTI SATHE, JJ. DATE: 13^th October 2025

P.C.

In this petition filed under Article 226 of the Constitution of India the only intervention of the Court as urged on behalf of the Petitioner, is that in the operative order passed by the Sub Divisional Officer (Land Acquisition No.II), Nashik, in respect of the amounts being deposited with the Civil Court, the amounts will now be required to be deposited with the authority as per Section 2(a-1) and 3(f) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Such contention is correct which needs to be accepted.

Accordingly we direct the Sub Divisional Officer (Land Acquisition No.II), Nashik to take appropriate steps to move the Civil Court and obtain orders and transfer the said amounts to the authority as stipulated under Right to Fair Digitally signed by MANISHSURESHRAO MANISHSURESHRAOTHATTE THATTE Date: 2025.11.10 10:06:01 +0530 Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

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Manish Thatte

4.WP.9619.2025.DOC

Considering the limited orders we are called upon to pass, in our opinion, as the Respondents are not represented, no prejudice will be caused to the Respondents. We keep open all the contentions of Respondent nos.5 and 6. We, however, direct that the authority shall follow the procedure in law and only after hearing the Petitioner and Respondent nos.5 and 6, take appropriate decision on any application on the main proceedings in regard to the disbursement of amounts. All contentions of the parties in that regard are expresly kept open. Disposed of. No costs.

(AARTI SATHE, J.)

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Manish Thatte