Bombay High Court
Baban Motiram Bante vs State Of Maharashtra Through ... on 31 March, 2017
Bench: A.S. Chandurkar
cras113.15 etc.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
Civil Revision Application No. 113 of 2015
with
Civil Revision Application No. 114 of 2015
with
Civil Revision Application No. 115 of 2015
with
Civil Revision Application No. 116 of 2015
with
Civil Revision Application No. 117 of 2015
with
Civil Revision Application No. 118 of 2015
with
Civil Revision Application No. 119 of 2015
with
Civil Revision Application No. 120 of 2015
with
Civil Revision Application No. 121 of 2015
with
Civil Revision Application No. 122 of 2015
with
Civil Revision Application No. 123 of 2015
with
Civil Revision Application No. 124 of 2015
with
Civil Revision Application No. 125 of 2015
with
Civil Revision Application No. 126 of 2015
with
Civil Revision Application No. 135 of 2015
with
Civil Revision Application No. 3 of 2016
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A. Civil Revision Application No. 113 of 2015 :
Motiram Zingar Wawre,
aged - major,
occupation - Agriculturist,
resident of Marupar,
P.O. Gothangaon,
Tq. Bhivapur,
Distt. Nagpur. ..... Applicant
Versus
1. State of Maharashtra,
through Collector,
Nagpur.
2. Special Land Acquisition Officer
[No.3],
Vidarbha Irrigation Development
Corporation,
Collectorate, Nagpur,
through L.A.O. Smt. Asha Pathan.
3. Executive Engineer,
Vasahat & Bhandar Vibhag,
Wainganga Nagar,
Gosekhurd Rehabilitation
Division,
Ajni, Nagpur,
Tq. & Distt. Nagpur. ..... Non-Applicants.
*****
Mrs. Vandana Chitnavis, Adv., for the Applicant.
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Mr. M.A. Kadu, Asstt. Govt. Pleader for respondent nos. 1 and 2.
Mr. S.G. Jagtap, Adv., for respondent no.3.
*****
B. Civil Revision Application No. 114 of 2015 :
Baban Motiram Bante,
aged - major,
occupation - Agriculturist,
resident of Marupar,
P.O. Gothangaon,
Tq. Bhivapur,
Distt. Nagpur. ..... Applicant
Versus
1. State of Maharashtra,
through Collector,
Nagpur.
2. Special Land Acquisition Officer
[No.3],
Vidarbha Irrigation Development
Corporation,
Collectorate, Nagpur,
through L.A.O. Smt. Asha Pathan.
3. Executive Engineer,
Gosekhurd Rehabilitation
Division,
Vasahat & Bhandar Vibhag,
Wainganga Nagar,
Ajni, Nagpur,
Tq. & Distt. Nagpur. ..... Non-Applicants.
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*****
Mrs. Vandana Chitnavis, Adv., for the Applicant.
Mr. M.A. Kadu, Asstt. Govt. Pleader for respondent nos. 1 and 2.
Mr. S.G. Jagtap, Adv., for respondent no.3.
*****
C. Civil Revision Application No. 115 of 2015 :
Legal heirs of Smt. Anandabai Motiram Bante :
1. Baban Motiram Bante,
aged 50 years,
occupation - Agriculturist,
2. Manohar Motiram Bante,
aged - major,
occupation - Agriculturist,
3. Khushal Motiram Bante,
aged - major,
occupation - Agriculturist,
4. Smt. Subhadrabai Tularam Kamble,
aged - major,
occupation - Agriculturist,
5. Smt. Chandrabhaga Tulsiram Nakhate,
aged - major,
occupation - Agriculturist,
Applicant Nos. 1 to 3 residents
of Murupar,
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Post - Gothangaon,
Tq. Bhiwapur,
Distt. Nagpur.
Applicant No.4 resident of
at Post -Taas,
Applicant No.5, resident of
Kinhi Kala [Adyal Dhupache],
Tq. Bhiwapur,
Distt. Nagpur. ..... Applicants
Versus
1. State of Maharashtra,
through Collector,
Nagpur.
2. Special Land Acquisition Officer
[No.3],
Vidarbha Irrigation Development
Corporation,
Collectorate, Nagpur,
through L.A.O. Smt. Asha Pathan.
3. Executive Engineer,
P.W. Department,
Gosekhurd Rehabilitation
Division,
Vasahat & Bhandar Vibhag,
Wainganga Nagar,
Ajni, Nagpur,
Tq. & Distt. Nagpur. ..... Non-Applicants.
*****
Mrs. Vandana Chitnavis, Adv., for the Applicants.
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Mr. M.A. Kadu, Asstt. Govt. Pleader for respondent nos. 1 and 2.
Mr. S.G. Jagtap, Adv., for respondent no.3.
*****
D. Civil Revision Application No. 116 of 2015 :
Natthu Ragho Gomase,
aged major,
occupation - Agriculturist,
resident of Marupar,
PO Gothangaon,
Tq. Bhivapur,
Distt. Nagpur. ..... Applicant
Versus
1. State of Maharashtra,
through Collector,
Nagpur.
2. Special Land Acquisition Officer
[No.3],
Vidarbha Irrigation Development
Corporation,
Collectorate, Nagpur,
through L.A.O. Smt. Asha Pathan.
3. Executive Engineer,
P.W. Department,
Gosekhurd Rehabilitation
Division,
Vasahat & Bhandar Vibhag,
Wainganga Nagar,
Ajni, Nagpur,
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Tq. & Distt. Nagpur. ..... Non-Applicants.
*****
Mrs. Vandana Chitnavis, Adv., for the Applicant.
Mr. M.A. Kadu, Asstt. Govt. Pleader for respondent nos. 1 and 2.
Mr. S.G. Jagtap, Adv., for respondent no.3.
*****
E. Civil Revision Application No. 117 of 2015 :
Manohar Motiram Bante,
aged major,
occupation - Agriculturist,
resident of Marupar,
PO Gothangaon,
Tq. Bhivapur,
Distt. Nagpur. ..... Applicant
Versus
1. State of Maharashtra,
through Collector,
Nagpur.
2. Special Land Acquisition Officer
[No.3],
Vidarbha Irrigation Development
Corporation,
Collectorate, Nagpur,
through L.A.O. Smt. Asha Pathan.
3. Executive Engineer,
P.W. Department,
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Gosekhurd Rehabilitation
Division,
Vasahat & Bhandar Vibhag,
Wainganga Nagar,
Ajni, Nagpur,
Tq. & Distt. Nagpur. ..... Non-Applicants.
*****
Mrs. Vandana Chitnavis, Adv., for the Applicant.
Mr. M.A. Kadu, Asstt. Govt. Pleader for respondent nos. 1 and 2.
Mr. S.G. Jagtap, Adv., for respondent no.3.
*****
F. Civil Revision Application No. 118 of 2015 :
Manohar Motiram Bante,
aged major,
occupation - Agriculturist,
resident of Marupar,
PO Gothangaon,
Tq. Bhivapur,
Distt. Nagpur. ..... Applicant
Versus
1. State of Maharashtra,
through Collector,
Nagpur.
2. Special Land Acquisition Officer
[No.3],
Vidarbha Irrigation Development
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Corporation,
Collectorate, Nagpur,
through L.A.O. Smt. Asha Pathan.
3. Executive Engineer,
P.W. Department,
Gosekhurd Rehabilitation
Division,
Vasahat & Bhandar Vibhag,
Wainganga Nagar,
Ajni, Nagpur,
Tq. & Distt. Nagpur. ..... Non-Applicants.
*****
Mrs. Vandana Chitnavis, Adv., for the Applicant.
Mr. M.A. Kadu, Asstt. Govt. Pleader for respondent nos. 1 and 2.
Mr. S.G. Jagtap, Adv., for respondent no.3.
*****
G. Civil Revision Application No. 119 of 2015 :
Dadarao Govinda Meshram,
aged major,
occupation - Agriculturist,
resident of Marupar,
PO Gothangaon,
Tq. Bhivapur,
Distt. Nagpur. ..... Applicant
Versus
1. State of Maharashtra,
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through Collector,
Nagpur.
2. Special Land Acquisition Officer
[No.3],
Vidarbha Irrigation Development
Corporation,
Collectorate, Nagpur,
through L.A.O. Smt. Asha Pathan.
3. Executive Engineer,
P.W. Department,
Gosekhurd Rehabilitation
Division,
Vasahat & Bhandar Vibhag,
Wainganga Nagar,
Ajni, Nagpur,
Tq. & Distt. Nagpur. ..... Non-Applicants.
*****
Mrs. Vandana Chitnavis, Adv., for the Applicant.
Mr. M.A. Kadu, Asstt. Govt. Pleader for respondent nos. 1 and 2.
Mr. S.G. Jagtap, Adv., for respondent no.3.
*****
H. Civil Revision Application No. 120 of 2015 :
Khushal Motiram Bante,
aged major,
occupation - Agriculturist,
resident of Marupar,
PO Gothangaon,
Tq. Bhivapur,
Distt. Nagpur. ..... Applicant
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Versus
1. State of Maharashtra,
through Collector,
Nagpur.
2. Special Land Acquisition Officer
[No.3],
Vidarbha Irrigation Development
Corporation,
Collectorate, Nagpur,
through L.A.O. Smt. Asha Pathan.
3. Executive Engineer,
P.W. Department,
Gosekhurd Rehabilitation
Division,
Vasahat & Bhandar Vibhag,
Wainganga Nagar,
Ajni, Nagpur,
Tq. & Distt. Nagpur. ..... Non-Applicants.
*****
Mrs. Vandana Chitnavis, Adv., for the Applicant.
Mr. M.A. Kadu, Asstt. Govt. Pleader for respondent nos. 1 and 2.
Mr. S.G. Jagtap, Adv., for respondent no.3.
*****
I. Civil Revision Application No. 121 of 2015 :
Manik Ganpat Patil,
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aged major,
occupation - Agriculturist,
resident of Marupar,
PO Gothangaon,
Tq. Bhivapur,
Distt. Nagpur. ..... Applicant
Versus
1. State of Maharashtra,
through Collector,
Nagpur.
2. Special Land Acquisition Officer
[No.3],
Vidarbha Irrigation Development
Corporation,
Collectorate, Nagpur,
through L.A.O. Smt. Asha Pathan.
3. Executive Engineer,
P.W. Department,
Gosekhurd Rehabilitation
Division,
Vasahat & Bhandar Vibhag,
Wainganga Nagar,
Ajni, Nagpur,
Tq. & Distt. Nagpur. ..... Non-Applicants.
*****
Mrs. Vandana Chitnavis, Adv., for the Applicant.
Mr. M.A. Kadu, Asstt. Govt. Pleader for respondent nos. 1 and 2.
Mr. S.G. Jagtap, Adv., for respondent no.3.
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*****
J. Civil Revision Application No. 122 of 2015 :
Manohar Motiram Bante,
aged major,
occupation - Agriculturist,
resident of Marupar,
PO Gothangaon,
Tq. Bhivapur,
Distt. Nagpur. ..... Applicant
Versus
1. State of Maharashtra,
through Collector,
Nagpur.
2. Special Land Acquisition Officer
[No.3],
Vidarbha Irrigation Development
Corporation,
Collectorate, Nagpur,
through L.A.O. Smt. Asha Pathan.
3. Executive Engineer,
P.W. Department,
Gosekhurd Rehabilitation
Division,
Vasahat & Bhandar Vibhag,
Wainganga Nagar,
Ajni, Nagpur,
Tq. & Distt. Nagpur. ..... Non-Applicants.
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*****
Mrs. Vandana Chitnavis, Adv., for the Applicant.
Mr. M.A. Kadu, Asstt. Govt. Pleader for respondent nos. 1 and 2.
Mr. S.G. Jagtap, Adv., for respondent no.3.
*****
K. Civil Revision Application No. 123 of 2015 :
Baliram Shivram Thuse,
since dead, through his
legal representatives:
1. Dnyaneshwar son of Baliram Thuse,
2. Rameshwar son of Baliram Thuse,
3. Smt. Sakhubai widow of Baliram Thuse,
4. Smt. Sunita Ramesh Raut,
all residents of Marupar,
PO Gothangaon,
Tq. Bhivapur,
Distt. Nagpur. ..... Applicants
Versus
1. State of Maharashtra,
through Collector,
Nagpur.
2. Special Land Acquisition Officer
[No.3],
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Vidarbha Irrigation Development
Corporation,
Collectorate, Nagpur,
through L.A.O. Smt. Asha Pathan.
3. Executive Engineer,
P.W. Department,
Gosekhurd Rehabilitation
Division,
Vasahat & Bhandar Vibhag,
Wainganga Nagar,
Ajni, Nagpur,
Tq. & Distt. Nagpur. ..... Non-Applicants.
*****
Mrs. Vandana Chitnavis, Adv., for the Applicants.
Mr. M.A. Kadu, Asstt. Govt. Pleader for respondent nos. 1 and 2.
Mr. S.G. Jagtap, Adv., for respondent no.3.
*****
L. Civil Revision Application No. 124 of 2015 :
Natthu Ragho Gomase,
aged major,
occupation - Agriculturist,
resident of Marupar,
PO Gothangaon,
Tq. Bhivapur,
Distt. Nagpur. ..... Applicant
Versus
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1. State of Maharashtra,
through Collector,
Nagpur.
2. Special Land Acquisition Officer
[No.3],
Vidarbha Irrigation Development
Corporation,
Collectorate, Nagpur,
through L.A.O. Smt. Asha Pathan.
3. Executive Engineer,
P.W. Department,
Gosekhurd Rehabilitation
Division,
Vasahat & Bhandar Vibhag,
Wainganga Nagar,
Ajni, Nagpur,
Tq. & Distt. Nagpur. ..... Non-Applicants.
*****
Mrs. Vandana Chitnavis, Adv., for the Applicant.
Mr. M.A. Kadu, Asstt. Govt. Pleader for respondent nos. 1 and 2.
Mr. S.G. Jagtap, Adv., for respondent no.3.
*****
M. Civil Revision Application No. 125 of 2015 :
Khushal Motiram Bante,
aged major,
occupation - Agriculturist,
resident of Marupar,
PO Gothangaon,
Tq. Bhivapur,
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Distt. Nagpur. ..... Applicant
Versus
1. State of Maharashtra,
through Collector,
Nagpur.
2. Special Land Acquisition Officer
[No.3],
Vidarbha Irrigation Development
Corporation,
Collectorate, Nagpur,
through L.A.O. Smt. Asha Pathan.
3. Executive Engineer,
P.W. Department,
Gosekhurd Rehabilitation
Division,
Vasahat & Bhandar Vibhag,
Wainganga Nagar,
Ajni, Nagpur,
Tq. & Distt. Nagpur. ..... Non-Applicants.
*****
Mrs. Vandana Chitnavis, Adv., for the Applicant.
Mr. M.A. Kadu, Asstt. Govt. Pleader for respondent nos. 1 and 2.
Mr. S.G. Jagtap, Adv., for respondent no.3.
*****
N. Civil Revision Application No. 126 of 2015 :
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1. Anandabai Motiram Bante,
since dead, through
her legal heirs :
1a] Manohar Motiram Bante,
aged major,
1b] Khushal Motiram Bante,
aged major,
1c] Baban Motiram Bante,
aged major,
1d] Smt. Subhadra Tularam Kamdi,
1e] Smt. Chandrabhaga Tulsiram Nakhate,
all residents of Marupar,
PO Gothangaon,
Tq. Bhivapur,
Distt. Nagpur. ..... Applicants
Versus
1. State of Maharashtra,
through Collector,
Nagpur.
2. Special Land Acquisition Officer
[No.3],
Vidarbha Irrigation Development
Corporation,
Collectorate, Nagpur,
through L.A.O. Smt. Asha Pathan.
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3. Executive Engineer,
P.W. Department,
Gosekhurd Rehabilitation
Division,
Vasahat & Bhandar Vibhag,
Wainganga Nagar,
Ajni, Nagpur,
Tq. & Distt. Nagpur. ..... Non-Applicants.
*****
Mrs. Vandana Chitnavis, Adv., for the Applicants.
Mr. M.A. Kadu, Asstt. Govt. Pleader for respondent nos. 1 and 2.
Mr. S.G. Jagtap, Adv., for respondent no.3.
*****
O. Civil Revision Application No. 135 of 2015 :
Baban Motiram Bante,
aged major,
occupation - Agriculturist,
resident of Marupar,
PO Gothangaon,
Tq. Bhivapur,
Distt. Nagpur. ..... Applicant
Versus
1. State of Maharashtra,
through Collector,
Nagpur.
2. Special Land Acquisition Officer
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[No.3],
Vidarbha Irrigation Development
Corporation,
Collectorate, Nagpur,
through L.A.O. Smt. Asha Pathan.
3. Executive Engineer,
P.W. Department,
Gosekhurd Rehabilitation
Division,
Vasahat & Bhandar Vibhag,
Wainganga Nagar,
Ajni, Nagpur,
Tq. & Distt. Nagpur. ..... Non-Applicants.
*****
Mrs. Vandana Chitnavis, Adv., for the Applicant.
Mr. M.A. Kadu, Asstt. Govt. Pleader for respondent nos. 1 and 2.
Mr. S.G. Jagtap, Adv., for respondent no.3.
*****
P. Civil Revision Application No. 3 of 2016 :
Madgu Mahadeo Gomase,
aged major,
occupation - Agriculturist,
resident of Marupar,
PO Gothangaon,
Tq. Bhivapur,
Distt. Nagpur. ..... Applicant
Versus
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1. State of Maharashtra,
through Collector,
Nagpur.
2. Special Land Acquisition Officer
[No.3],
Vidarbha Irrigation Development
Corporation,
Collectorate, Nagpur,
through L.A.O. Smt. Asha Pathan.
3. Executive Engineer,
Vidarbha Irrigation Development Corporation,
Gosekhurd Rehabilitation
Division,
Office No.13, near Shivneri,
Chief Minister's bungalow,
Civil Lines, Nagpur. ..... Non-Applicants.
*****
Mrs. Vandana Chitnavis, Adv., for the Applicant.
Mr. M.A. Kadu, Asstt. Govt. Pleader for respondent nos. 1 and 2.
Mr. S.G. Jagtap, Adv., for respondent no.3.
*****
CORAM : A.S. CHANDURKAR, J.
Date on which
arguments were heard : 16th March, 2017
Date on which the
the judgment is
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pronounced : 31st March, 2017
J U D G M E N T:
01. The question that arises for adjudication in these Civil
Revision Applications filed under Section 18 (3) of the Land Acquisition
Act, 1894 [for short, "the said Act"] is:-
Whether the claimants would be precluded from
pursuing proceedings for enhancement in the amount of
compensation under Section 18 (1) of the said Act on
the ground that they had received some amounts under
the Rehabilitation Package of the State Government?
02. The facts in all these revision applications are similar and for
sake of convenience reference is made to the facts in Civil Revision
Application No. 113 of 2015. The lands of the applicant came to be
acquired pursuant to Award dated 10th February, 2001 that was
passed by the Special Land Acquisition Officer. The lands in question
were acquired for the Gosekhurd Irrigation Project. After issuing
notice under Section 12 (2) of the said Act, the applicant received the
amount of compensation. Thereafter, reference proceedings were filed
within a period of six weeks from the date of receipt of notice under
Section 12 (2) of the said Act. In the meanwhile, on 18th June, 2013,
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the State Government took a decision to grant compensation under the
Rehabilitation Package to the persons affected by the Gosekhurd
Irrigation Project. The applicant received compensation under said
Package. Thereafter, the applicant sought permission to deposit court
fees on the reference application. The Additional Collector held that as
the applicant had after filing an undertaking that he would not seek
enhancement in the amount of compensation by filing reference under
Section 18 of the said Act received the amount of compensation
under the Rehabilitation Package, he was not entitled to seek
permission for depositing court fees. On that basis, the proceedings
came to be filed vide Order dated 29th June, 2015. Being aggrieved by
the aforesaid action, the applicant has filed Civil Revision Application
No. 113 of 2015.
03. Smt. V. N. Chitnavis, learned counsel for the applicants,
submitted that the Additional Collector committed an error by refusing
to entertain the reference proceedings and by treating the same to be
closed on the ground that the applicants had received compensation
under Rehabilitation Package. She submitted that the reference
proceedings had been filed within the stipulated period of limitation
prescribed by Section 18 (2) of the said Act and hence they ought to be
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adjudicated on merits. It was only if the requirements of Section 18
were not fulfilled, that the Additional Collector could refuse to refer the
proceedings to the Civil Court. Acceptance of compensation under the
Rehabilitation Package of the State Government could not have the
effect of depriving the applicants of their statutory right to seek
enhancement in the amount of compensation. The undertaking
submitted by the applicants while receiving compensation under the
Rehabilitation Package would not have the effect of depriving the
applicants of their statutory rights. It was, therefore, submitted that
the reference proceedings deserve to be entertained on merits. In
support of her submissions, the learned counsel placed reliance on the
following decisions:-
[a] Baliram Ramaji Ghate Vs. State of Maharashtra &
others [2010 (5) Mh. L.J. 465],
[b] Sham Dharma Dagle & others Vs. State of Mah. &
others [2013 (4) Mh. L.J. 818], and
[c] Lalbahadur Ram Yadav & others Vs. State of Mah.
& others [AIR 2004 Bombay 410].
04. Shri M.A. Kadu, learned Asstt. Govt. Pleader, for the Non-
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applicant nos. 1 and 2 and Shri S. G. Jagtap, learned counsel for the
non-applicant no.3, supported the impugned order. According to them,
the applicants had undertaken in writing that on receiving the amount
of compensation under the Rehabilitation Package, they would not
seek enhancement in the amount of compensation by initiating
proceedings under Section 18 of the said Act. They referred to various
documents/affidavits executed by the applicants in that regard. It was
urged that on the principle of estoppel, the applicants could not be
heard and the Additional Collector rightly refused to entertain the
reference proceedings. In the alternate and without prejudice to the
aforesaid submissions, it was submitted that if the applicants refund
the amount of compensation received under the Rehabilitation
Package along with interest, only then could the reference proceedings
be adjudicated on merits.
05. I have heard the learned counsel for the parties at length
and I have given due consideration to the respective submissions.
It is not in dispute that after the Award under Section 11 of
the said Act came to be made, the applicants received the amount of
compensation under protest. Thereafter, they sought reference under
Section 18 of the said Act for the purposes of enhancement in the
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amount of compensation. The refusal to proceed with the reference
proceedings is on the ground that the applicants have received
compensation under the Rehabilitation Package of the State
Government dated 18th June, 2013 and while doing so, the applicants
had agreed not to seek further compensation.
06. It is not in dispute that the applicants had filed the reference
proceedings within the period of limitation as prescribed by Section 18
(2) of the said Act. It is further not in dispute that in accordance with
the Package of Rehabilitation dated 18th June, 2013, the applicants
after signing various documents, including an affidavit have received
the amount of rehabilitation compensation. Admittedly, the reference
proceedings had been filed much prior to declaration of the
rehabilitation policy dated 18th June, 2013. The question, therefore,
that is required to be considered is whether by accepting certain
amounts under the Rehabilitation Package, the applicants can be
deprived of their statutory right to seek enhancement in the amount of
compensation that has been awarded to them pursuant to the Award
passed under Section 11 of the said Act.
07. In the judgment of the Full Bench in Baliram Ramaji Ghate
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[supra], certain lands that were covered under the provisions of the
Urban Land (Ceiling & Regulation) Act, 1976 were subsequently
acquired under the provisions of the said Act. While making payment
of compensation under the Award, an undertaking was obtained from
the erstwhile owner that he would not seek enhanced compensation
under the said Act. On account of disagreement on the question as to
the binding effect of such undertaking, it was held in paragraph 12 of
the said judgment as under:-
"12. .....................................................................
................the Government having chosen to acquire
the land under the provisions of Land Acquisition Act
and having applied the said law for the said purpose, it
is not open for them to immunize themselves from a
claim for enhanced compensation by imposing a
condition on the expropriated land-holder that he will
not seek enhancement of the compensation. The
compensation has been awarded to the expropriated
land-holder in respect of his lands under the provisions
of the Land Acquisition Act by passing an award
thereunder. Notwithstanding the fact that the award
describes payment of such compensation as ex-gratia,
the land-holder has a right to seek its enhancement by
following the procedure under Section 18 of the Land
Acquisition Act. By Section 18, the Parliament has
conferred a right on an expropriated land-holder to
seek an enhancement of compensation. It is not within
the power of the Government to defeat or attempt to
defeat the exercise of such right conferred on the land-
holder by that section, by demanding an undertaking
that he will not seek such enhancement."
cras113.15 etc.
Though aforesaid observations were made with regard to
lands earlier covered under the Urban Land (Ceiling & Regulation) Act,
1976 and subsequently acquired under the said Act, the law laid down
by the Full Bench would be equally applicable to the facts of the
present case. Thus, the statutory right of a land holder to seek
enhancement in the amount of compensation cannot be defeated by
obtaining an affidavit/undertaking from the land holder that he would
not seek enhancement in the amount of compensation by filing
reference under Section 18 of the said Act.
08. In so far as the plea of estoppel is concerned, suffice it to
say that estoppel cannot operate against a statute as held in
Commissioner of Income Tax (Central), Calcutta Vs. B.N.
Bhattacharjee [AIR 1979 SC 1725]. It was observed that estoppel
against statute is not permissible as public policy animating a statutory
provision would then become the casualty.
Once it is found that the statutory right of the applicants to
seek enhancement in the amount of compensation by making
reference under Section 18 of the said Act cannot be defeated in such
manner, the entire basis of the action of the Additional Collector in
treating the proceedings as closed without making reference to the
cras113.15 etc.
Civil Court falls to the ground. The other reason mentioned that the
court fee stamps on the reference application cannot be permitted to
be deposited also cannot be upheld in view of the law laid down by the
Division Bench in Shyam Dharam Dagle & others [supra] and learned
Single Judge in Lalbahadur Ram Yadav [supra]. As held by the
Division Bench, the Collector can grant time to pay court fees and by
passing a conditional order in that regard, forward the proceedings it
to the Civil Court.
09. In so far as receipt of the amount under the Rehabilitation
Package by the applicants is concerned, it was urged on behalf of the
non-applicants that said amount should be first repaid by the
applicants to the State, after which the applicants should be permitted
to prosecute their claims for enhancement. This submission does not
deserve to be accepted. It is always open for the acquiring body to
contend before the Reference Court that while enhancing the amount
of compensation, if found necessary, it should take into consideration
such amount of rehabilitation compensation received by the claimant
and accordingly determine the amount of fair compensation. To that
extent, the enhancement in the amount of compensation could be set
off. However, said aspect is kept open for being considered by the
cras113.15 etc.
reference Court as and when the occasion for the same arises.
10. In view of aforesaid discussion, the impugned
communications issued by the Additional Collector, Nagpur, in all the
Civil Revision Applications are quashed and set aside. The proceedings
are restored to file. The Additional Collector shall pass necessary
orders in the matter of payment of court fees wherever the same are
payable in terms of the law laid down by the Division Bench in Shyam
Dharam Dagle [supra]. On completion of all necessary formalities
under Section 18 of the said Act, the proceedings be expeditiously
forwarded to the Civil Court.
11. The Civil Revision Applications are allowed in aforesaid
terms with no orders as to costs.
Judge
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