Bombay High Court
Kerabai Laxman Herke And Others vs The State Of Maharashtra And ... on 4 August, 2016
Bench: R.M. Borde
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 4225 OF 2016
1. Kerabai Laxman Herke
Age 45 years, Occu: Agri.
2. Laxman Potanna Herke,
Age 50 years, Occu: Agri.
3. Ishwardas Narsingdas Koyalkar,
Age 72 years, Occu: Agri.
4. Aminoddin Jalsaab
Age 50 years, Occu: Agri.
5. Piraji Satwa
Age 30 years, Occu: Agri.
6. Kerba Gangadhar Sontakke, ... Petitioners
Age 40 years, Occu: Agri.
All R/o Vilalge Mauje Karkheli,
Taluka Dharmabad, Dist. Nanded
VERSUS
1. The State of Maharashtra
Through its Secretary,
Irrigation Development
Department, Mantralaya,
Mumbai 400 032
2. The District Collector,
Collector Office, Nanded.
3. The Deputy Collector (Land
Acquisition), Nanded.
4. The Tahsildar, Tahsil Office,
Dharmabad, Dist. Nanded
5. The Executive Engineer, ... Respondents.
Upper Penganga Project Division
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922&923.odt
No.6, Nanded,
Tq. & Dist. Nanded.
WITH
WRIT PETITION NO. 4226 OF 2016
1. Sayed Bashir Ali Sayed Ali
Age 45 years, Occu: Agri.
2. Syed Amir Ali Jalal Ali
Age 35 years, Occu: Agri.
3. Sayed Anis Ali Jalal,
Age 26 years, Occu: Agri.
4. Sayed Gaus Ali Jalal Ali
Age 40 years, Occu: Agri.ig
5. Sayed Liyakat Ali Kasim Ali, ... Petitioenrs
Age 45 years, Occu: Agri.
All R/o Vilalge Mauje Karkheli,
Taluka Dharmabad, Dist. Nanded
VERSUS
1. The State of Maharashtra
Through its Secretary,
Irrigation Development
Department, Mantralaya,
Mumbai 400 032
2. The District Colelctor,
Collector Office, Nanded.
3. The Deputy Collector (Land
Acquisition), Nanded.
4. The Tahsildar, Tahsil Office,
Dharmabad, Dist. Nanded
5. The Executive Engineer, ... Respondents.
Upper Penganga Project Division
No.6, Nanded,
Tq. & Dist. Nanded.
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922&923.odt
Mr. Ravindra B. Narwade Patil, Advocate for the
petitioners
Mr. P. S. Patil, AGP for the Respondents-State.
Mr. Ruturaj Patil, Advocate for Respondent No.5
CORAM : R. M. BORDE &
K. L. WADANE, JJ.
DATE : 4th August, 2016
JUDGMENT:
1. Heard the learned counsel for the parties.
2. Rule. Rule made returnable forthwith and the
petition is taken up for final disposal by the consent
of learned counsel for the respective parties.
3. The petitioners are objecting to the awards
declared by respondent No.3-Deputy Collector (Land
Acquisition), Nanded on 05.03.3014 and 01.02.2014
respectively. The petitioners contend that the Right
to Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement Act, 2013
has been in force since 01.04.2014, however, in the
instant matter, the Deputy Collector (Land Acquisition)
has declared the Awards in accordance with the old Act
of 1894. It is obligatory on the part of the Deputy
Collector (Land Acquisition) to declare the award in
observance of the Act, 2013.
4. Section 24(1) (a) of the Act, 2013 provides that
922&923.odt
notwithstanding anything contained in this Act, in any
case of land acquisition proceedings initiated under
the Land Acquisition Act, 1894, (a) where no award
under section 11 of the Land Acquisition Act, has been
made, then, all provisions of this Act relating to the
determination of compensation shall apply. In the
instant matter, from the date of enforcement of the
new Act i.e. Act, 2013, the awards under the Land
Acquisition Act, 1894 were not declared. As such, it
was obligatory on the part of the respondents to
determine the amount of compensation in accordance
with Act of 2013. Both the petitioners are therefore
allowed.
5. The Awards declared by the Deputy Collector
(Land Acquisition), Nanded to the extent of
determination of amount of compensation is quashed and
set aside. The concerned respondent is directed to
determine the amount of compensation payable to the
petitioners in accordance with the Act of 2013.
Necessary steps shall be taken and the award
determining the amount of compensation shall be
declared in accordance with the Act of 2013 as
expeditiously as possible, preferably within a period
of six months from today.
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6. On determination of the amount of compensation,
Land Acquisition Authority/Deputy collector (Land
Acquisition) shall make payment of the amount of
compensation within a period of four months from the
date of such determination.
7. Rule is made absolute accordingly. There shall
be no order as to costs.
8. It is informed that possession of the land
under acquisition has not yet been taken. In such
circumstance, it would be open for the acquiring body
to take decision in the matter as to whether to
proceed with the acquisition or not.
(K. L. WADANE, J.) (R. M. BORDE, J. )
JPC
