Nandkumar Kundlik Wagh And ... vs The Union Of India And Others
2016 Latest Caselaw 6346 Bom

                                                                                  913.odt
               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          BENCH AT AURANGABAD

                          WRIT PETITION NO. 4703 OF 2016




                                                                           
    1. Nandkumar s/o Kundlik Wagh
       Age 59 years, Occu: Agri




                                                   
       R/o Adul (Kh), Tq. Paithan
       Dist. Aurangabad.

    2. Satish s/o Nandkumar Wagh                        ... Petitioners 




                                                  
       Age 30 years, Occu: Agri
       R/o Adul (Kh), Tq. Paithan
       Dist. Aurangabad.




                                            
        VERSUS

    1.  Union of India         
        Through Its Secretary,
        Ministry of Road Transport and 
        Highways, New Delhi
                              
    2. Project Director,
       Project Implementation Unit,
       B-23, Kamgar Chowk,
      

       CIDCO, N-4, aurangabad 431 003
   



    3. The Competent Authority (Land 
       Acquisition)
       Indian National Highway No.211
       Deputy Colelctor, Land 





       Acquisition, Krushna Khore Vikas 
       Mahamandal, Aurangabad.

    4. The State of Maharashtra,                        ... Respondents.
       Through its Principal Secretary,





       Public Works Department, 
       Mantralaya, Mumbai 400 032

    Mr. S. S. Tope, Advocate for the petitioner,
    Mr. S. B. Talekar, Advocate for respondent NO.2,
    Mr. B. V.Virdhe, AGP for respondent No.4,

                                     CORAM   :  S. V. GANGAPURWALA & 
                                                 K. L. WADANE, JJ.
                                      DATE   :   25th October,  2016

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                                                                               913.odt
    JUDGMENT (Per S.V. Gangapurwala, J):                    

1. Rule. Rule made returnable forthwith. With

consent of parties, the petition is taken up for final

disposal

2. Mr. Tope, the learned counsel for the

petitioners submits that the land of the petitioners

was acquired under the award dated 01.09.2014.

Compensation is awarded, however, not in accordance

with the provisions of the Right to Fair Compensation

and Transparency in Land Acquisition, Rehabilitation

and Resettlement Act, 2013. The said Act of 2013 has

been made applicable to the acquisition under the

National Highways Act pursuant to Circular dated

03.02.2016 from 01.01.2015 and if compensation is not

paid prior to 31.12.2014, though the award is passed

prior to the said date, compensation is required to be

paid as per the new Act of 2013.

3. According to the learned counsel for the

petitioners, compensation was paid to the petitioners

on 28.01.2015 by R.T.G.S. in the accounts of the

petitioners. The learned counsel submits that even the

Highways Authority has taken a decision on 28.09.2016

to award compensation as per the Act of 2013.

913.odt

4. Mr. Talekar, the learned counsel for the

respondent National Highways Authority submits that on

01.11.2014, the Competent Authority (Acquisition) had

directed to the petitioners to submit account

particulars and the documents for depositing the

amount. The same was much prior to 31.12.2014. It was

delay on the part of the petitioners in forwarding the

documents and information as solicited by letter dated

1.11.2014. As such, the compensation is rightly paid.

5.

We have heard the learned AGP also.

6. We have gone through the affidavit in reply

filed by the Special Land Acquisition Officer. The

Special Land Acquisition Officer has categorically

admitted in his affidavit in reply that the petitioners

are entitled for the compensation as per the Act of

2013 and the same is required to be done.

7. We need not go into other aspects of the matter

in view of the letter dated 28.09.2016 issued by the

National Highways Authority, whereby, it has taken a

decision to grant escalation in the amount of

compensation awarded. The award pursuant to which the

land of the petitioners is acquired is also included

in the same. The said letter is placed on record by the

913.odt petitioners. As the National Highways Authority has

taken a decision to grant escalation in compensation as

per the Right to Fair Compensation and Transparency in

Land Acquisition, Rehabilitation and Resettlement Act,

2013, we need not debate into the merits of the

contentions.

8. The amount has been deposited as per the award

dated 01.09.2014 in the accounts of the petitioners on

28.01.2015.

9. Considering the aforesaid conspectus of the

matter, the respondents shall calculate the

compensation as per the Right to Fair Compensation and

Transparency in Land Acquisition, Rehabilitation and

Resettlement Act, 2013 in respect of the award dated

01.09.2014 with regard to the land of the petitioners.

The said exercise shall be done expeditiously,

preferably within six months from today and the amount

be paid to the petitioners.

10. Rule is made absolute accordingly. No costs.

(K. L. WADANE, J.) (S. V. GANGAPURWALA, J. ) JPC