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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
Civil Revision Application No. 113 of 2015
with
Civil Revision Application No. 114 of 2015
with
Civil Revision Application No. 115 of 2015
with
Civil Revision Application No. 116 of 2015
with
Civil Revision Application No. 117 of 2015
with
Civil Revision Application No. 118 of 2015
with
Civil Revision Application No. 119 of 2015
with
Civil Revision Application No. 120 of 2015
with
Civil Revision Application No. 121 of 2015
with
Civil Revision Application No. 122 of 2015
with
Civil Revision Application No. 123 of 2015
with
Civil Revision Application No. 124 of 2015
with
Civil Revision Application No. 125 of 2015
with
Civil Revision Application No. 126 of 2015
with
Civil Revision Application No. 135 of 2015
with
Civil Revision Application No. 3 of 2016
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A. Civil Revision Application No. 113 of 2015 :
Motiram Zingar Wawre,
aged - major,
occupation - Agriculturist,
resident of Marupar,
P.O. Gothangaon,
Tq. Bhivapur,
Distt. Nagpur. ..... Applicant
Versus
1. State of Maharashtra,
through Collector,
Nagpur.
2. Special Land Acquisition Officer
[No.3],
Vidarbha Irrigation Development
Corporation,
Collectorate, Nagpur,
through L.A.O. Smt. Asha Pathan.
3. Executive Engineer,
Vasahat & Bhandar Vibhag,
Wainganga Nagar,
Gosekhurd Rehabilitation
Division,
Ajni, Nagpur,
Tq. & Distt. Nagpur. ..... Non-Applicants.
*****
Mrs. Vandana Chitnavis, Adv., for the Applicant.
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Mr. M.A. Kadu, Asstt. Govt. Pleader for respondent nos. 1 and 2.
Mr. S.G. Jagtap, Adv., for respondent no.3.
*****
B. Civil Revision Application No. 114 of 2015 :
Baban Motiram Bante,
aged - major,
occupation - Agriculturist,
resident of Marupar,
P.O. Gothangaon,
Tq. Bhivapur,
Distt. Nagpur. ..... Applicant
Versus
1. State of Maharashtra,
through Collector,
Nagpur.
2. Special Land Acquisition Officer
[No.3],
Vidarbha Irrigation Development
Corporation,
Collectorate, Nagpur,
through L.A.O. Smt. Asha Pathan.
3. Executive Engineer,
Gosekhurd Rehabilitation
Division,
Vasahat & Bhandar Vibhag,
Wainganga Nagar,
Ajni, Nagpur,
Tq. & Distt. Nagpur. ..... Non-Applicants.
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*****
Mrs. Vandana Chitnavis, Adv., for the Applicant.
Mr. M.A. Kadu, Asstt. Govt. Pleader for respondent nos. 1 and 2.
Mr. S.G. Jagtap, Adv., for respondent no.3.
*****
C. Civil Revision Application No. 115 of 2015 :
Legal heirs of Smt. Anandabai Motiram Bante :
1. Baban Motiram Bante,
aged 50 years,
occupation - Agriculturist,
2. Manohar Motiram Bante,
aged - major,
occupation - Agriculturist,
3. Khushal Motiram Bante,
aged - major,
occupation - Agriculturist,
4. Smt. Subhadrabai Tularam Kamble,
aged - major,
occupation - Agriculturist,
5. Smt. Chandrabhaga Tulsiram Nakhate,
aged - major,
occupation - Agriculturist,
Applicant Nos. 1 to 3 residents
of Murupar,
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Post - Gothangaon,
Tq. Bhiwapur,
Distt. Nagpur.
Applicant No.4 resident of
at Post -Taas,
Applicant No.5, resident of
Kinhi Kala [Adyal Dhupache],
Tq. Bhiwapur,
Distt. Nagpur. ..... Applicants
Versus
1. State of Maharashtra,
through Collector,
Nagpur.
2. Special Land Acquisition Officer
[No.3],
Vidarbha Irrigation Development
Corporation,
Collectorate, Nagpur,
through L.A.O. Smt. Asha Pathan.
3. Executive Engineer,
P.W. Department,
Gosekhurd Rehabilitation
Division,
Vasahat & Bhandar Vibhag,
Wainganga Nagar,
Ajni, Nagpur,
Tq. & Distt. Nagpur. ..... Non-Applicants.
*****
Mrs. Vandana Chitnavis, Adv., for the Applicants.
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Mr. M.A. Kadu, Asstt. Govt. Pleader for respondent nos. 1 and 2.
Mr. S.G. Jagtap, Adv., for respondent no.3.
*****
D. Civil Revision Application No. 116 of 2015 :
Natthu Ragho Gomase,
aged major,
occupation - Agriculturist,
resident of Marupar,
PO Gothangaon,
Tq. Bhivapur,
Distt. Nagpur. ..... Applicant
Versus
1. State of Maharashtra,
through Collector,
Nagpur.
2. Special Land Acquisition Officer
[No.3],
Vidarbha Irrigation Development
Corporation,
Collectorate, Nagpur,
through L.A.O. Smt. Asha Pathan.
3. Executive Engineer,
P.W. Department,
Gosekhurd Rehabilitation
Division,
Vasahat & Bhandar Vibhag,
Wainganga Nagar,
Ajni, Nagpur,
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Tq. & Distt. Nagpur. ..... Non-Applicants.
*****
Mrs. Vandana Chitnavis, Adv., for the Applicant.
Mr. M.A. Kadu, Asstt. Govt. Pleader for respondent nos. 1 and 2.
Mr. S.G. Jagtap, Adv., for respondent no.3.
*****
E. Civil Revision Application No. 117 of 2015 :
Manohar Motiram Bante,
aged major,
occupation - Agriculturist,
resident of Marupar,
PO Gothangaon,
Tq. Bhivapur,
Distt. Nagpur. ..... Applicant
Versus
1. State of Maharashtra,
through Collector,
Nagpur.
2. Special Land Acquisition Officer
[No.3],
Vidarbha Irrigation Development
Corporation,
Collectorate, Nagpur,
through L.A.O. Smt. Asha Pathan.
3. Executive Engineer,
P.W. Department,
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Gosekhurd Rehabilitation
Division,
Vasahat & Bhandar Vibhag,
Wainganga Nagar,
Ajni, Nagpur,
Tq. & Distt. Nagpur. ..... Non-Applicants.
*****
Mrs. Vandana Chitnavis, Adv., for the Applicant.
Mr. M.A. Kadu, Asstt. Govt. Pleader for respondent nos. 1 and 2.
Mr. S.G. Jagtap, Adv., for respondent no.3.
*****
F. Civil Revision Application No. 118 of 2015 :
Manohar Motiram Bante,
aged major,
occupation - Agriculturist,
resident of Marupar,
PO Gothangaon,
Tq. Bhivapur,
Distt. Nagpur. ..... Applicant
Versus
1. State of Maharashtra,
through Collector,
Nagpur.
2. Special Land Acquisition Officer
[No.3],
Vidarbha Irrigation Development
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Corporation,
Collectorate, Nagpur,
through L.A.O. Smt. Asha Pathan.
3. Executive Engineer,
P.W. Department,
Gosekhurd Rehabilitation
Division,
Vasahat & Bhandar Vibhag,
Wainganga Nagar,
Ajni, Nagpur,
Tq. & Distt. Nagpur. ..... Non-Applicants.
*****
Mrs. Vandana Chitnavis, Adv., for the Applicant.
Mr. M.A. Kadu, Asstt. Govt. Pleader for respondent nos. 1 and 2.
Mr. S.G. Jagtap, Adv., for respondent no.3.
*****
G. Civil Revision Application No. 119 of 2015 :
Dadarao Govinda Meshram,
aged major,
occupation - Agriculturist,
resident of Marupar,
PO Gothangaon,
Tq. Bhivapur,
Distt. Nagpur. ..... Applicant
Versus
1. State of Maharashtra,
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through Collector,
Nagpur.
2. Special Land Acquisition Officer
[No.3],
Vidarbha Irrigation Development
Corporation,
Collectorate, Nagpur,
through L.A.O. Smt. Asha Pathan.
3. Executive Engineer,
P.W. Department,
Gosekhurd Rehabilitation
Division,
Vasahat & Bhandar Vibhag,
Wainganga Nagar,
Ajni, Nagpur,
Tq. & Distt. Nagpur. ..... Non-Applicants.
*****
Mrs. Vandana Chitnavis, Adv., for the Applicant.
Mr. M.A. Kadu, Asstt. Govt. Pleader for respondent nos. 1 and 2.
Mr. S.G. Jagtap, Adv., for respondent no.3.
*****
H. Civil Revision Application No. 120 of 2015 :
Khushal Motiram Bante,
aged major,
occupation - Agriculturist,
resident of Marupar,
PO Gothangaon,
Tq. Bhivapur,
Distt. Nagpur. ..... Applicant
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Versus
1. State of Maharashtra,
through Collector,
Nagpur.
2. Special Land Acquisition Officer
[No.3],
Vidarbha Irrigation Development
Corporation,
Collectorate, Nagpur,
through L.A.O. Smt. Asha Pathan.
3. Executive Engineer,
P.W. Department,
Gosekhurd Rehabilitation
Division,
Vasahat & Bhandar Vibhag,
Wainganga Nagar,
Ajni, Nagpur,
Tq. & Distt. Nagpur. ..... Non-Applicants.
*****
Mrs. Vandana Chitnavis, Adv., for the Applicant.
Mr. M.A. Kadu, Asstt. Govt. Pleader for respondent nos. 1 and 2.
Mr. S.G. Jagtap, Adv., for respondent no.3.
*****
I. Civil Revision Application No. 121 of 2015 :
Manik Ganpat Patil,
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aged major,
occupation - Agriculturist,
resident of Marupar,
PO Gothangaon,
Tq. Bhivapur,
Distt. Nagpur. ..... Applicant
Versus
1. State of Maharashtra,
through Collector,
Nagpur.
2. Special Land Acquisition Officer
[No.3],
Vidarbha Irrigation Development
Corporation,
Collectorate, Nagpur,
through L.A.O. Smt. Asha Pathan.
3. Executive Engineer,
P.W. Department,
Gosekhurd Rehabilitation
Division,
Vasahat & Bhandar Vibhag,
Wainganga Nagar,
Ajni, Nagpur,
Tq. & Distt. Nagpur. ..... Non-Applicants.
*****
Mrs. Vandana Chitnavis, Adv., for the Applicant.
Mr. M.A. Kadu, Asstt. Govt. Pleader for respondent nos. 1 and 2.
Mr. S.G. Jagtap, Adv., for respondent no.3.
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*****
J. Civil Revision Application No. 122 of 2015 :
Manohar Motiram Bante,
aged major,
occupation - Agriculturist,
resident of Marupar,
PO Gothangaon,
Tq. Bhivapur,
Distt. Nagpur. ..... Applicant
Versus
1. State of Maharashtra,
through Collector,
Nagpur.
2. Special Land Acquisition Officer
[No.3],
Vidarbha Irrigation Development
Corporation,
Collectorate, Nagpur,
through L.A.O. Smt. Asha Pathan.
3. Executive Engineer,
P.W. Department,
Gosekhurd Rehabilitation
Division,
Vasahat & Bhandar Vibhag,
Wainganga Nagar,
Ajni, Nagpur,
Tq. & Distt. Nagpur. ..... Non-Applicants.
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*****
Mrs. Vandana Chitnavis, Adv., for the Applicant.
Mr. M.A. Kadu, Asstt. Govt. Pleader for respondent nos. 1 and 2.
Mr. S.G. Jagtap, Adv., for respondent no.3.
*****
K. Civil Revision Application No. 123 of 2015 :
Baliram Shivram Thuse,
since dead, through his
legal representatives:
1. Dnyaneshwar son of Baliram Thuse,
2. Rameshwar son of Baliram Thuse,
3. Smt. Sakhubai widow of Baliram Thuse,
4. Smt. Sunita Ramesh Raut,
all residents of Marupar,
PO Gothangaon,
Tq. Bhivapur,
Distt. Nagpur. ..... Applicants
Versus
1. State of Maharashtra,
through Collector,
Nagpur.
2. Special Land Acquisition Officer
[No.3],
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Vidarbha Irrigation Development
Corporation,
Collectorate, Nagpur,
through L.A.O. Smt. Asha Pathan.
3. Executive Engineer,
P.W. Department,
Gosekhurd Rehabilitation
Division,
Vasahat & Bhandar Vibhag,
Wainganga Nagar,
Ajni, Nagpur,
Tq. & Distt. Nagpur. ..... Non-Applicants.
*****
Mrs. Vandana Chitnavis, Adv., for the Applicants.
Mr. M.A. Kadu, Asstt. Govt. Pleader for respondent nos. 1 and 2.
Mr. S.G. Jagtap, Adv., for respondent no.3.
*****
L. Civil Revision Application No. 124 of 2015 :
Natthu Ragho Gomase,
aged major,
occupation - Agriculturist,
resident of Marupar,
PO Gothangaon,
Tq. Bhivapur,
Distt. Nagpur. ..... Applicant
Versus
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1. State of Maharashtra,
through Collector,
Nagpur.
2. Special Land Acquisition Officer
[No.3],
Vidarbha Irrigation Development
Corporation,
Collectorate, Nagpur,
through L.A.O. Smt. Asha Pathan.
3. Executive Engineer,
P.W. Department,
Gosekhurd Rehabilitation
Division,
Vasahat & Bhandar Vibhag,
Wainganga Nagar,
Ajni, Nagpur,
Tq. & Distt. Nagpur. ..... Non-Applicants.
*****
Mrs. Vandana Chitnavis, Adv., for the Applicant.
Mr. M.A. Kadu, Asstt. Govt. Pleader for respondent nos. 1 and 2.
Mr. S.G. Jagtap, Adv., for respondent no.3.
*****
M. Civil Revision Application No. 125 of 2015 :
Khushal Motiram Bante,
aged major,
occupation - Agriculturist,
resident of Marupar,
PO Gothangaon,
Tq. Bhivapur,
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Distt. Nagpur. ..... Applicant
Versus
1. State of Maharashtra,
through Collector,
Nagpur.
2. Special Land Acquisition Officer
[No.3],
Vidarbha Irrigation Development
Corporation,
Collectorate, Nagpur,
through L.A.O. Smt. Asha Pathan.
3. Executive Engineer,
P.W. Department,
Gosekhurd Rehabilitation
Division,
Vasahat & Bhandar Vibhag,
Wainganga Nagar,
Ajni, Nagpur,
Tq. & Distt. Nagpur. ..... Non-Applicants.
*****
Mrs. Vandana Chitnavis, Adv., for the Applicant.
Mr. M.A. Kadu, Asstt. Govt. Pleader for respondent nos. 1 and 2.
Mr. S.G. Jagtap, Adv., for respondent no.3.
*****
N. Civil Revision Application No. 126 of 2015 :
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1. Anandabai Motiram Bante,
since dead, through
her legal heirs :
1a] Manohar Motiram Bante,
aged major,
1b] Khushal Motiram Bante,
aged major,
1c] Baban Motiram Bante,
aged major,
1d] Smt. Subhadra Tularam Kamdi,
1e] Smt. Chandrabhaga Tulsiram Nakhate,
all residents of Marupar,
PO Gothangaon,
Tq. Bhivapur,
Distt. Nagpur. ..... Applicants
Versus
1. State of Maharashtra,
through Collector,
Nagpur.
2. Special Land Acquisition Officer
[No.3],
Vidarbha Irrigation Development
Corporation,
Collectorate, Nagpur,
through L.A.O. Smt. Asha Pathan.
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3. Executive Engineer,
P.W. Department,
Gosekhurd Rehabilitation
Division,
Vasahat & Bhandar Vibhag,
Wainganga Nagar,
Ajni, Nagpur,
Tq. & Distt. Nagpur. ..... Non-Applicants.
*****
Mrs. Vandana Chitnavis, Adv., for the Applicants.
Mr. M.A. Kadu, Asstt. Govt. Pleader for respondent nos. 1 and 2.
Mr. S.G. Jagtap, Adv., for respondent no.3.
*****
O. Civil Revision Application No. 135 of 2015 :
Baban Motiram Bante,
aged major,
occupation - Agriculturist,
resident of Marupar,
PO Gothangaon,
Tq. Bhivapur,
Distt. Nagpur. ..... Applicant
Versus
1. State of Maharashtra,
through Collector,
Nagpur.
2. Special Land Acquisition Officer
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[No.3],
Vidarbha Irrigation Development
Corporation,
Collectorate, Nagpur,
through L.A.O. Smt. Asha Pathan.
3. Executive Engineer,
P.W. Department,
Gosekhurd Rehabilitation
Division,
Vasahat & Bhandar Vibhag,
Wainganga Nagar,
Ajni, Nagpur,
Tq. & Distt. Nagpur. ..... Non-Applicants.
*****
Mrs. Vandana Chitnavis, Adv., for the Applicant.
Mr. M.A. Kadu, Asstt. Govt. Pleader for respondent nos. 1 and 2.
Mr. S.G. Jagtap, Adv., for respondent no.3.
*****
P. Civil Revision Application No. 3 of 2016 :
Madgu Mahadeo Gomase,
aged major,
occupation - Agriculturist,
resident of Marupar,
PO Gothangaon,
Tq. Bhivapur,
Distt. Nagpur. ..... Applicant
Versus
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1. State of Maharashtra,
through Collector,
Nagpur.
2. Special Land Acquisition Officer
[No.3],
Vidarbha Irrigation Development
Corporation,
Collectorate, Nagpur,
through L.A.O. Smt. Asha Pathan.
3. Executive Engineer,
Vidarbha Irrigation Development Corporation,
Gosekhurd Rehabilitation
Division,
Office No.13, near Shivneri,
Chief Minister's bungalow,
Civil Lines, Nagpur. ..... Non-Applicants.
*****
Mrs. Vandana Chitnavis, Adv., for the Applicant.
Mr. M.A. Kadu, Asstt. Govt. Pleader for respondent nos. 1 and 2.
Mr. S.G. Jagtap, Adv., for respondent no.3.
*****
CORAM : A.S. CHANDURKAR, J.
Date on which
arguments were heard : 16th March, 2017
Date on which the
the judgment is
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pronounced : 31st March, 2017
J U D G M E N T:
01. The question that arises for adjudication in these Civil Revision Applications filed under Section 18 (3) of the Land Acquisition Act, 1894 [for short, "the said Act"] is:-
Whether the claimants would be precluded from pursuing proceedings for enhancement in the amount of compensation under Section 18 (1) of the said Act on the ground that they had received some amounts under the Rehabilitation Package of the State Government?
02. The facts in all these revision applications are similar and for sake of convenience reference is made to the facts in Civil Revision Application No. 113 of 2015. The lands of the applicant came to be acquired pursuant to Award dated 10th February, 2001 that was passed by the Special Land Acquisition Officer. The lands in question were acquired for the Gosekhurd Irrigation Project. After issuing notice under Section 12 (2) of the said Act, the applicant received the amount of compensation. Thereafter, reference proceedings were filed within a period of six weeks from the date of receipt of notice under Section 12 (2) of the said Act. In the meanwhile, on 18th June, 2013, ::: Uploaded on - 31/03/2017 ::: Downloaded on - 01/04/2017 01:06:53 ::: cras113.15 etc. 23 the State Government took a decision to grant compensation under the Rehabilitation Package to the persons affected by the Gosekhurd Irrigation Project. The applicant received compensation under said Package. Thereafter, the applicant sought permission to deposit court fees on the reference application. The Additional Collector held that as the applicant had after filing an undertaking that he would not seek enhancement in the amount of compensation by filing reference under Section 18 of the said Act received the amount of compensation under the Rehabilitation Package, he was not entitled to seek permission for depositing court fees. On that basis, the proceedings came to be filed vide Order dated 29th June, 2015. Being aggrieved by the aforesaid action, the applicant has filed Civil Revision Application No. 113 of 2015.
03. Smt. V. N. Chitnavis, learned counsel for the applicants, submitted that the Additional Collector committed an error by refusing to entertain the reference proceedings and by treating the same to be closed on the ground that the applicants had received compensation under Rehabilitation Package. She submitted that the reference proceedings had been filed within the stipulated period of limitation prescribed by Section 18 (2) of the said Act and hence they ought to be ::: Uploaded on - 31/03/2017 ::: Downloaded on - 01/04/2017 01:06:53 ::: cras113.15 etc. 24 adjudicated on merits. It was only if the requirements of Section 18 were not fulfilled, that the Additional Collector could refuse to refer the proceedings to the Civil Court. Acceptance of compensation under the Rehabilitation Package of the State Government could not have the effect of depriving the applicants of their statutory right to seek enhancement in the amount of compensation. The undertaking submitted by the applicants while receiving compensation under the Rehabilitation Package would not have the effect of depriving the applicants of their statutory rights. It was, therefore, submitted that the reference proceedings deserve to be entertained on merits. In support of her submissions, the learned counsel placed reliance on the following decisions:-
[a] Baliram Ramaji Ghate Vs. State of Maharashtra & others [2010 (5) Mh. L.J. 465], [b] Sham Dharma Dagle & others Vs. State of Mah. & others [2013 (4) Mh. L.J. 818], and [c] Lalbahadur Ram Yadav & others Vs. State of Mah.
& others [AIR 2004 Bombay 410].
04. Shri M.A. Kadu, learned Asstt. Govt. Pleader, for the Non- ::: Uploaded on - 31/03/2017 ::: Downloaded on - 01/04/2017 01:06:53 :::
cras113.15 etc. 25 applicant nos. 1 and 2 and Shri S. G. Jagtap, learned counsel for the non-applicant no.3, supported the impugned order. According to them, the applicants had undertaken in writing that on receiving the amount of compensation under the Rehabilitation Package, they would not seek enhancement in the amount of compensation by initiating proceedings under Section 18 of the said Act. They referred to various documents/affidavits executed by the applicants in that regard. It was urged that on the principle of estoppel, the applicants could not be heard and the Additional Collector rightly refused to entertain the reference proceedings. In the alternate and without prejudice to the aforesaid submissions, it was submitted that if the applicants refund the amount of compensation received under the Rehabilitation Package along with interest, only then could the reference proceedings be adjudicated on merits.
05. I have heard the learned counsel for the parties at length and I have given due consideration to the respective submissions.
It is not in dispute that after the Award under Section 11 of the said Act came to be made, the applicants received the amount of compensation under protest. Thereafter, they sought reference under Section 18 of the said Act for the purposes of enhancement in the ::: Uploaded on - 31/03/2017 ::: Downloaded on - 01/04/2017 01:06:53 ::: cras113.15 etc. 26 amount of compensation. The refusal to proceed with the reference proceedings is on the ground that the applicants have received compensation under the Rehabilitation Package of the State Government dated 18th June, 2013 and while doing so, the applicants had agreed not to seek further compensation.
06. It is not in dispute that the applicants had filed the reference proceedings within the period of limitation as prescribed by Section 18 (2) of the said Act. It is further not in dispute that in accordance with the Package of Rehabilitation dated 18th June, 2013, the applicants after signing various documents, including an affidavit have received the amount of rehabilitation compensation. Admittedly, the reference proceedings had been filed much prior to declaration of the rehabilitation policy dated 18th June, 2013. The question, therefore, that is required to be considered is whether by accepting certain amounts under the Rehabilitation Package, the applicants can be deprived of their statutory right to seek enhancement in the amount of compensation that has been awarded to them pursuant to the Award passed under Section 11 of the said Act.
07. In the judgment of the Full Bench in Baliram Ramaji Ghate ::: Uploaded on - 31/03/2017 ::: Downloaded on - 01/04/2017 01:06:53 ::: cras113.15 etc. 27 [supra], certain lands that were covered under the provisions of the Urban Land (Ceiling & Regulation) Act, 1976 were subsequently acquired under the provisions of the said Act. While making payment of compensation under the Award, an undertaking was obtained from the erstwhile owner that he would not seek enhanced compensation under the said Act. On account of disagreement on the question as to the binding effect of such undertaking, it was held in paragraph 12 of the said judgment as under:-
"12. ..................................................................... ................the Government having chosen to acquire the land under the provisions of Land Acquisition Act and having applied the said law for the said purpose, it is not open for them to immunize themselves from a claim for enhanced compensation by imposing a condition on the expropriated land-holder that he will not seek enhancement of the compensation. The compensation has been awarded to the expropriated land-holder in respect of his lands under the provisions of the Land Acquisition Act by passing an award thereunder. Notwithstanding the fact that the award describes payment of such compensation as ex-gratia, the land-holder has a right to seek its enhancement by following the procedure under Section 18 of the Land Acquisition Act. By Section 18, the Parliament has conferred a right on an expropriated land-holder to seek an enhancement of compensation. It is not within the power of the Government to defeat or attempt to defeat the exercise of such right conferred on the land- holder by that section, by demanding an undertaking that he will not seek such enhancement."::: Uploaded on - 31/03/2017 ::: Downloaded on - 01/04/2017 01:06:53 :::
cras113.15 etc. 28 Though aforesaid observations were made with regard to lands earlier covered under the Urban Land (Ceiling & Regulation) Act, 1976 and subsequently acquired under the said Act, the law laid down by the Full Bench would be equally applicable to the facts of the present case. Thus, the statutory right of a land holder to seek enhancement in the amount of compensation cannot be defeated by obtaining an affidavit/undertaking from the land holder that he would not seek enhancement in the amount of compensation by filing reference under Section 18 of the said Act.
08. In so far as the plea of estoppel is concerned, suffice it to say that estoppel cannot operate against a statute as held in Commissioner of Income Tax (Central), Calcutta Vs. B.N. Bhattacharjee [AIR 1979 SC 1725]. It was observed that estoppel against statute is not permissible as public policy animating a statutory provision would then become the casualty.
Once it is found that the statutory right of the applicants to seek enhancement in the amount of compensation by making reference under Section 18 of the said Act cannot be defeated in such manner, the entire basis of the action of the Additional Collector in treating the proceedings as closed without making reference to the ::: Uploaded on - 31/03/2017 ::: Downloaded on - 01/04/2017 01:06:53 ::: cras113.15 etc. 29 Civil Court falls to the ground. The other reason mentioned that the court fee stamps on the reference application cannot be permitted to be deposited also cannot be upheld in view of the law laid down by the Division Bench in Shyam Dharam Dagle & others [supra] and learned Single Judge in Lalbahadur Ram Yadav [supra]. As held by the Division Bench, the Collector can grant time to pay court fees and by passing a conditional order in that regard, forward the proceedings it to the Civil Court.
09. In so far as receipt of the amount under the Rehabilitation Package by the applicants is concerned, it was urged on behalf of the non-applicants that said amount should be first repaid by the applicants to the State, after which the applicants should be permitted to prosecute their claims for enhancement. This submission does not deserve to be accepted. It is always open for the acquiring body to contend before the Reference Court that while enhancing the amount of compensation, if found necessary, it should take into consideration such amount of rehabilitation compensation received by the claimant and accordingly determine the amount of fair compensation. To that extent, the enhancement in the amount of compensation could be set off. However, said aspect is kept open for being considered by the ::: Uploaded on - 31/03/2017 ::: Downloaded on - 01/04/2017 01:06:53 ::: cras113.15 etc. 30 reference Court as and when the occasion for the same arises.
10. In view of aforesaid discussion, the impugned communications issued by the Additional Collector, Nagpur, in all the Civil Revision Applications are quashed and set aside. The proceedings are restored to file. The Additional Collector shall pass necessary orders in the matter of payment of court fees wherever the same are payable in terms of the law laid down by the Division Bench in Shyam Dharam Dagle [supra]. On completion of all necessary formalities under Section 18 of the said Act, the proceedings be expeditiously forwarded to the Civil Court.
11. The Civil Revision Applications are allowed in aforesaid terms with no orders as to costs.
Judge
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