Bombay High Court
Manubai Deopuri Gosavi Died ... vs The State Of Maharashtra And ... on 3 October, 2017
Bench: R.M. Borde
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.4124 OF 2017
1 Manubai Deopuri Gosavi
Dead through legal heirs
1-A Annasaheb Radhakisan Kale
age: 56 years, occu: Agri
2 Parwatabai Gabaji Arote
Dead through legal heir
2-A Chandrabhaga Karbhari Walunj
Age: 65 years, occu: Agri
2-B Shantabai Namdeo Vaidhya
Age: 60 years, occu: Agril
3 Laxman Vitthal Arote
Age: 55 years, Occu: agri
4 Babaji Nana Arote
Dead Through L.Rs
4A) Nivrutti Babji Arote
Age: 58 years, occu: Agri
5. Damu Shankar Arote
Dead through l.rs
5-A Dnyaneshwar Shantaram Arote
Age: 55 yrs. Occu: Agril
6 Droupadabai Gabaji Arote
Age: 70 years, occu: Agri
All R/o Vithe, Tq. Akole
Dist. Ahmednagar Petitioners
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Versus
1 The State of Maharashtra
Through its Secretary,
Revenue & Forest Department,
Mantralaya, Mumbai 32
2 The Additional Commissioner,
Nashik Division, Nashik
3 The Collector, Ahmednagar,
Dist. Ahmednagar
4 The Land Acquisition Officer No.13,
Having its office at Ahmednagar
Tq. & Dist. Ahmednagar
5 The Executive Engineer,
Upper Pravara Dam Division,
Sangamner (Ghulewadi), Tq. Sangamner
Dist. Ahmednagar Respondents
Mr. S.K. Shinde advocate for the petitioners
Mr. S.B. Joshi, Assistant Government Pleader for Respondent Nos.1 to 4
Mr. B.R. Surawase advocate for respondent No.5
_______________
CORAM : R. M. BORDE & VIBHA KANKANWADI, JJ
(Date: October 3 rd 2017)
ORAL JUDGMENT
(Per: R.M. Borde, J)
1 Heard.
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2 Rule. With the consent of the parties, petition is taken-up
for final disposal at admission stage.
3 The proceedings were initiated by respondent State for
acquisition of the land, belonging to the petitioners and other
agriculturists for construction of Nilwande dam. The proceedings
of acquisition were completed and Award bearing No.11/77 was
declared. GMIDC (Godawari Marathawada Irrigation Development
Corporation) has also deposited the amount of compensation
with the State Government, in pursuance to the declaration of
Award. In the meanwhile, due to change in the alignment of
Nilwande Dam No.1, the lands belonging to the petitioners
covered under the Award No.11/77 were not required and as
such, the possession of the lands was not assumed by the
acquiring body. Resultantly, the petitioners remained in
possession of the land covered under the Award No.11/77.
4 The respondent GMIDC has presented an affidavit in reply,
wherein, it has been stated that, lands belonging to the
petitioners, which are in their possession, are not required for the
project. The acquiring body has also made a prayer for issuing
direction to the Special Land acquisition Officer/State
Government to refund the amount deposited by the acquiring
body in pursuance to the Award.
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5 In view of the reply tendered on behalf of acquiring body,
the writ petition presented by the petitioners deserves to be
allowed. It would not be necessary for us, in view of the
statement made in the affidavit in reply, to relegate the
petitioners to the Commissioner or the State Government, for
seeking a declaration regarding quashment of the award.
6 In view of the facts and circumstances of the case, in
exercise of extraordinary writ jurisdiction under article 227 of the
Constitution of India, we direct quashment of the award No.11/77
declared by the Special Land Acquisition officer, so far as it
relates to the petitioners and the land shall be deemed to be
free from acquisition. It would be open for the GMIDC to pursue
the Land Acquisition Officer or the State Government for refund
of the amount.
7 Rule is accordingly made absolute.
8 There shall be no order as to costs.
( VIBHA KANKANWADI, J ) (R. M. BORDE, J)
vbd
