Bombay High Court
Aashish Trimbakrao Jadhavar vs The Union Of India And Others on 25 April, 2017
Bench: R.M. Borde
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wp11582.16.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 11582 OF 2016
Ashish s/o Trimbakrao Jadhavar
age 32 years, occ. Legal Practitioner & Agril.,
r/ Ratnapur, Tq.Kallam
Dist. Osmanabad
at present Ganesh Nagar,
Moha Road, Kallam
Tq. Kallam, Dist. Osmanabad Petitioner
Versus
1. The Union of India
Through its Secretary
Ministry of Road Transport &
Highways, New Delhi
2. The Project Director
Implementation Unit
National Highway Authority of India
Kamgar Chowk, N-2, CIDCO,
Aurangabad.
3. The Deputy Collector,
Land Acquisition (Competent Authority)
Medium Project - 2, Osmanabad.
4. The State of Maharashtra
Through its Principal Secretary
Public Works Department,
Mantralaya, Mumbai 32. Respondents
Mr. I.D. Maniyar, advocate for the petitioner.
Mr. S.B. Deshpande, ASG for respondent no. 1.
Mr. D.R. Manorkar, advocate for respondent no. 2.
Mr. S.B. Joshi, AGP for respondent nos. 3 and 4.
.
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CORAM : R.M.BORDE &
K.L. WADANE, JJ.
DATE : 25th APRIL, 2017
ORAL JUDGMENT : ( PER R. M. BORDE, J. )
1. Rule. Rule made returnable forthwith.
2. Heard finally with the consent of learned counsel for the
respective parties.
3. Petitioner is praying for issuance of directions to respondent
no. 3 to determine the amount of compensation in respect of the
acquired land in accordance with the provisions of the Right to Fair
Compensation and Transparency in Land Acquisition
Rehabilitation and Resettlement Act, 2013 (hereinafter referred to
as "The Act of 2013").
4. It is contended that the property belonging to petitioner has
been acquired for construction of National Highway by respondents
1 and 2. Respondent no. 3 has declared the award in accordance
with the provisions of National Highways Act, 1956, however, the
amount of compensation has not been determined in accordance
with the Act of 2013 by application of Schedule I. It is not a matter
of dispute that the provisions of the Act of 2013 are applicable in
respect of computing the amount of compensation determined
under the National Highways Act and as such, respondent no. 3
ought to have determined the amount of compensation payable to
the petitioner in accordance with the Act of 2013 by application of
relevant multiplier in consonance with Schedule I.
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5. In the circumstances, writ petition stands disposed of with
directions to respondent no. 3 to re-determine the amount of
compensation in accordance with the Act of 2013, as expeditiously
as possible, preferably within a period of two months from today
and, it is accordingly directed. Proceedings for acquisition and the
award shall remain unaffected except observance of the directions
issued in the instant petition in respect of determination of amount
of compensation. On determination of amount of compensation,
respondents 1 and 2 shall pay the amount so determined as
expeditiously as possible, preferably within a period of two months
from the date of such determination.
6. With the directions as above, writ petition stands disposed
of. Rule made absolute accordingly. No costs.
( K. L. WADANE ) ( R.M.BORDE )
JUDGE JUDGE
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