Bombay High Court
Shravan Kadu Bhoi vs The State Of Maharashtra And ... on 21 July, 2016
Bench: R.M. Borde
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.690/2016
Shravan Kadu Bhoi,
age 59 yrs., occu.agri.,
r/o village Purnad
Tq.Mukatainagar Dist.Jalgaon.
...Petitioner..
Versus
1] ig The State of Maharashtra,
through Secretary,
Irrigation Department,
Mantralaya, Mumbai.
2] The Collector, Jalgaon.
Dist.Jalgaon.
3] Special Land Acquisition Officer and
Sub-Divisional Officer,
Division Bhusawal Dist.Jalgaon.
4]
Executive Engineer,
Sardar Sarovar Project,
Division Jalgaon, Jalgaon.
...Respondents...
.....
Shri A.B. Kale, Advocate for petitioner.
Shri V.M. Kagne, AGP for respondent nos.1 to 3.
Smt.Chaitali Kutti - Choudhary, Advocate for respondent
no.4.
.....
CORAM: R.M. BORDE &
K.L. WADANE, JJ.
DATE: 21.07.2016
ORAL JUDGMENT (Per Borde, J.):
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1] Heard learned counsel for the parties. Rule. Rule
made returnable forthwith and with the consent of learned
counsel for the parties, the petition is taken for final
hearing at the stage of admission.
2] The petitioner is objecting to the award passed on
11.9.2014 by the respondent no.3 determining the amount
of compensation in respect of the acquired land. The
petitioner contends that the First Schedule of the Right
to Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement Act, 2013,
contains a component of compensation package in respect
of the land acquired under the said Act and the manner of
determination of value thereof. Entries 2 and 3 of the
First Schedule prescribe the multiplier factor, which is
required to be applied for determination of amount of
land value. So far as the lands situated in rural area
are concerned, the State shall have to accord
compensation by application of Factor 2. In the instant
matter, the Land Acquisition Officer has determined the
amount of land value at the rate of Rs.360/- per
sq.meter, but has not applied the multiplier factor
prescribed under First Schedule of the Land Acquisition
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Act.
3] A notification issued by the State of Maharashtra
prescribes multiplier Factor 2 applicable to the rural
areas and as such it was obligatory on the part of the
Land Acquisition Officer to determine the amount of
compensation by application of relevant multiplier
factor and compute the amount of compensation and pay the
same to the petitioner. This legal objection has not
been seriously controverted by the respondents.
4] In this view of the matter, the award passed by the
Land Acquisition Officer deserves to be set aside only to
the extent of determination of amount of compensation.
The respondent nos.2 and 3 are, therefore, directed to
determine the amount of compensation by application of
multiplier Factor 2 contained in First Schedule at Entry
Nos.2 and 3 of the Land Acquisition Act and as notified
by the State Government on 26.5.2015. The respondent
nos.2 and 3 shall re-determine the amount of compensation
by taking into consideration the relevant multiplier
Factor 2 as prescribed under the notification as
expeditiously as possible and preferably within a period
of eight weeks from today. On re-determination of the
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land value in observance of the directions of this Court,
the respondent no.4 shall pay the amount so determined
within a period of eight weeks from such determination.
5] Rule is accordingly made absolute. There shall be
no order as to costs.
(K.L. WADANE, J.) ig (R.M. BORDE, J.)
ndk/c2171627.doc
