29. WP 2384 of 2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 2384 OF 2021
Netra Naresh Pardhi and Ors. ...Petitioners
vs.
The Competent Authority and
Sub-Divisional Officer and Ors. ...Respondents
*****
Mr. Anil D'souza a/w Mr. S. S. Redkar - Advocate for the Petitioners
Mr. V. S. Gokhale - 'B' Panel counsel for the Respondent No. 1
Mr. Rakesh L. Singh i/by M/s M. V. Kini and Co. - Advocate for the
Respondent No. 2 (NHA)
*****
CORAM : R. D. DHANUKA AND
S. M. MODAK, JJ.
DATE : 04th JANUARY, 2022
P. C. :-
1. The Petitioners seek Writ of Mandamus against the
Respondents to make the payment of the deducted amount of Rs. 1,26,57,412/- with applicable interest till the date of actual payment of the deducted amount.
2. It is the case of the Petitioners that though the land of the Petitioners was acquired and the Petitioners were entitled to the total compensation amount of Rs. 10,10,66,232/-, the Respondents have withheld sum of Rs. 82,05,664/- by an order dated 18/02/2021. The Petitioners have only received sum of Rs. 8,02,03,156/- resulting in a shortfall of Rs. 1,26,57,412/- out of compensation amount.
3. The learned counsel for the Petitioners invited our attention to the averments made by the Respondents in the affidavit-in-reply Digitally signed SEEMA by SEEMA KSHITIJ KSHITIJ YELKAR 1/2 Date:
YELKAR 2022.01.05
18:17:33 +0530
Seema
29. WP 2384 of 2021.doc
dated 15/07/2021 and more particularly in paragraph no. 8. He submits that it is the case of the Respondents themselves that it is not clear whether the land which is acquired is same piece of land which the Government has proposed to acquire or which was acquired earlier in 2011. The office of the Sub-Divisional Officer has addressed the letter to the land survey department to ascertain whether this is the same land acquired then compensation must be paid as per the law.
4. In view of the statement made by the deponent of the said affidavit that the Respondents are not fully aware whether the land proposed to be acquired is the same land acquired which was acquired in the year 2011, in our prima-facie view the Respondents could not have deducted sum of Rs. 1,26,57,412/- from the compensation amount.
5. In our prima-facie view the judgment of this Court in the case of Bhupendrasingh Vs. Competent Authority and Ors., 2019 SCC Online Bom. 6092 delivered by this Court will assist the case of the Petitioner.
6. We are informed that the Respondent No. 3 has already deposited the entire amount of compensation with the Respondent No. 1. We accordingly direct the Respondent No. 1 to deposit the said amount of Rs. 1,26,57,412/- in this Court within two weeks from today without fail with intimation to the Petitioner.
7. Place the matter on board for admission on 27th January, 2022.
[S. M. MODAK, J.] [R. D. DHANUKA, J.] Seema 2/2