Smt. Nandabai Ganesh Bodkhe And ... vs The State Of Maharashtra Through ...
2016 Latest Caselaw 113 Bom

                                                 1/3                      2602WP1947.15-Judgment




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




                                                                    
                          WRIT PETITION NO.  1947   OF    2015


     PETITIONER :-                  1) Smt.Nandabai   Ganesh   Bodkhe,   Aged   about 




                                                                   
                                       50   years,   Occ.   Agriculturist,   R/o.   Telhara, 
                                       Tah. Nagpur (Rural), District Nagpur. 

                                    2) Krishnamoorthy   N.   Narayanan,   Aged   about 
                                       70 years, Occ. Retired, R/o. Plot No.34, Door 




                                                   
                                       No.2/13,   Krushmachari   Nagar,   First   Street, 
                               ig      Allapakkan, Chennai-600116.  

                                             ...VERSUS... 
                             
     RESPONDENTS :-                  1) The   State   of   Maharashtra,   through   its 
                                        Secretary,   Department   of   Revenue   and 
                                        Forest, Mantralaya, Mumbai-32.   
      

                                     2) The   Collector,   Nagpur   District   Civil   Lines, 
                                        Nagpur. 
   



                                     3) Additional Special Land Acquisition Officer, 
                                        Pench Project, Civil Lines, Nagpur. 

                                     4) Additional   Managing   Director,   Maharashtra 





                                        Airport Development Authority Ltd., Nagpur. 


     ---------------------------------------------------------------------------------------------------
                         Mr. R. J. Shinde, counsel for the petitioners.





         Mr.Nikhil Joshi, Asstt. Govt. Pleader for the respondent Nos.1 to 3.
                  Mr. S. Y. Deopujari, counsel for the respondent No.4. 
     ---------------------------------------------------------------------------------------------------


                                               CORAM : SMT. VASANTI A. NAIK &
                                                       A.S.CHANDURKAR, JJ.

DATED : 26.02.2016

2/3 2602WP1947.15-Judgment

O R A L J U D G M E N T (Per Smt.Vasanti A. Naik, J.)

Rule. Rule made returnable forthwith. The petition is

heard finally at the stage of admission with the consent of the learned

counsel for the parties.

2. By this petition, the petitioners seek a direction to the

respondents to pay the ex gratia compensation amount to the

petitioners.

3. According to the petitioners, they are the owners of land

in Survey Nos.47/1, 47/2 and 47/3, out of which 00.78 hectares of land

was acquired and ex gratia compensation amount of Rs.9,59,167/- was

payable towards the acquisition of the same. According to the

petitioners, the said amount is deposited by the Land Acquisition Officer

in the District Court, Nagpur. The petitioners have sought a direction to

the respondents to pay the said amount to the petitioners.

4. Shri Nikhil Joshi, the learned Assistant Government

Pleader appearing on behalf of the respondent Nos.1 to 3, states by

referring to the Award passed by the Land Acquisition Officer on

28/06/2010 that the petitioners are not the sole owners of land in

Survey Nos.47/1, 47/2 and 47/3 and they appear to be the owners of

land in Survey No.47/3 only. It is stated that it is not clear from the

Award that a particular or specific area of land is acquired from Survey

3/3 2602WP1947.15-Judgment

Nos.47/1, 47/2 and 47/3. It is stated that the petitioners are not the

only owners of the acquired land to the extent of 00.78 hectares at least

as per the Award.

5. On hearing the learned counsel for the parties and on a

perusal of the order dated 16/12/2014 passed in Writ Petition No.3647

of 2014, it appears that a direction is required to be issued to the

respondent Nos.1 to 3 to pay the amount towards ex tratia payment to

the petitioners, as per their share in the acquired land. If certain land of

the petitioners is found to have been acquired, the petitioners should be

paid the ex gratia compensation amount proportionately.

6. Hence, we dispose of the writ petition with a direction to

the respondent Nos.1 to 3 to determine the extent of the acquired land

of the petitioners, if any, and pay proportionate ex gratia compensation

amount to the petitioners within a period of three months.

Rule is made absolute in the aforesaid terms with no order

as to costs.

                                   JUDGE                                         JUDGE 

     KHUNTE