Bombay High Court
Balu Ananda Kamble And Others vs The Secretary Ministry Of Road And ... on 26 August, 2021
Bench: S.V. Gangapurwala, R. N. Laddha
WP No.14279/19 & Ors.
1
IN THE HIGH COURT AT BOMBAY
APPELLATE SIDE, BENCH AT AURANGABAD
WRIT PETITION NO. 14279 OF 2019
1. Balu s/o. Ananda Kamble,
Age Major, Occu. Agri.,
2. Pandharinath Mahadu Rajguru,
Through his Lrs.
Rajendra s/o. Pandharinath Rajguru,
Age Major, Occu. Agri.,
3. Chandrakant s/o. Gangaram Thorat,
Age Major, Occu. Agri.,
All R/o. Mauje-Asegaon, Tal. Gangapur,
Dist. Aurangabad. ...Petitioners.
Versus
1. The Secretary,
Ministry of Road and Transport,
Government of India, Transport Bhavan,
1-Sansad Marg, New Delhi-110001.
2. The National Highway Authority of India,
Through its Chairmen, Sector-10, Dwarka,
Delhi-110075.
3. The Competent Authority Land Acquisition
and Sub-Divisional Officer, Aurangabad.
Tal. Aurangabad, Dist. Aurangabad.
4. The Project Director, PIU Aurangabad,
National Highway Authority of India,
Kamgaar Chowk, N-4, CIDCO, Aurangabad.
5. The District Collector, Aurangabad,
::: Uploaded on - 30/08/2021 ::: Downloaded on - 09/10/2021 08:56:22 :::
WP No.14279/19 & Ors.
2
Collector Office, Aurangabad. ....Respondents.
...
Advocate for Petitioners : Mr. R.M. Patil
Advocate for Respondent 1 : Ms.Sudha Kulthe
Advocate for Respondent 2 : Mr. D.S. Manorkar
AGP for Respondent 5 : Mrs. V.N. Patil-Jadhav
...
WITH
WRIT PETITION NO. 14276 OF 2019
1. Sanjay s/o. Murlidhar Jadhav,
Age Major, Occu. Agri.,
2. Ramrao s/o. Maroti Kamble,
Age Major, Occu. Agri.,
3. Vishnu s/o. Bhivsen Kamble,
Age Major, Occu. Agri.,
4. Vitthal s/o. Maroti Kamble,
Age Major, Occu. Agri.,
5. Janardhan s/o. Murlidhar Jadhav,
Age Major, Occu. Agri.,
6. Gangadhar s/o. Maroti Kamble,
Age Major, Occu. Agri.,
7. Balu s/o. Baburao Kamble,
Age Major, Occu. Agri.,
8. Samadhan s/o. Dattu Kamble,
Age Major, Occu. Agri.,
9. Dattu s/o. Bajirao Kamble,
Age Major, Occu. Agri.,
10. Nandkumar s/o. Baban Jadhav,
WP No.14279/19 & Ors.
Age Major, Occu. Agri.,
11. Anusayabai w/o. Baban Jadhav,
Age Major, Occu. Agri.,
12. Bharat s/o. Baburao Kamble,
Age Major, Occu. Agri.,
13. Krushna s/o. Baburao Kamble,
Age Major, Occu. Agri.,
14. Shivaji s/o. Murlidhar Jadhav,
Age Major, Occu. Agri.,
15. Samindrabai w/o. Pandharinath Rajguru
(Through Lrs), Haribhau s/o. Pandharinath
Rajguru, Age Major, Occu. Agri.,
16. Ambadas s/o. Rangnath Thorat,
(Through Lrs),
Kantabai w/o. Ambadas Thorat,
Age Major, Occu. Agri.,
17. Gangubai w/o. Dashrath Jadhav,
Age Major, Occu. Agri.,
18. Kashabai w/o. Sonaji Kamble,
Age Major, Occu. Agri.,
19. Baban s/o. Dashrath Rajguru,
Age Major, Occu. Agri.,
20. Chandrakant s/o. Mohanrao Hekade,
Age Major, Occu. Agri.,
21. Nagnath s/o. Namdev Hekade,
Age Major, Occu. Agri.,
22. Rajendra s/o. Mohan Hekade,
WP No.14279/19 & Ors.
Age Major, Occu. Agri.,
23. Devaji s/o. Laxman Hekade,
Age Major, Occu. Agri.,
24. Suresh s/o. Mohan Hekade,
Age Major, Occu. Agri.,
25. Tarabai w/o. Mahadu Hekade,
Age Major, Occu. Agri.,
26. Bhanudas s/o. Hiraman Hekade,
Age Major, Occu. Agri.,
27. Bhimrao s/o. Trimbak Kamble,
All petitioners R/o. Mauje-Asegaon,
Tal. Gangapur, Dist. Aurangabad. ...Petitioners.
Versus
1. The Secretary,
Ministry of Road and Transport,
Government of India, Transport Bhavan,
1-Sansad Marg, New Delhi-110001.
2. The National Highway Authority of India,
Through its Chairmen, Sector-10, Dwarka,
Delhi-110075.
3. The Competent Authority Land Acquisition
and Sub-Divisional Officer, Aurangabad.
Tal. Aurangabad, Dist. Aurangabad.
4. The Project Director, PIU Aurangabad,
National Highway Authority of India,
Kamgaar Chowk, N-4, CIDCO, Aurangabad.
5. The District Collector, Aurangabad,
WP No.14279/19 & Ors.
Collector Office, Aurangabad. ....Respondents.
...
Advocate for Petitioners : Mr. R.M. Patil
Advocate for Respondent 1 : Ms.Sudha Kulthe
Advocate for Respondent 3 & 4 : Mr. D.S. Manorkar
AGP for Respondent 5 : Mrs. V.N. Patil-Jadhav
...
WITH
WRIT PETITION NO. 14300 OF 2019
1. Sk. Irfan Sk. Karim,
Age Major, Occu. Agri.,
2. Sk. Dada Sk. Behalim,
Age Major, Occu. Agri.,
3. Sk. Shabbir Sk. Chotu,
Age Major, Occu. Agri.,
4. Sk. Imran Sk. Karim,
Age Major, Occu. Agri.,
5. Sk. Ismail Sk. Usman,
Age Major, Occu. Agri.,
6. Sk. Rasool Sk. Chotu,
Age Major, Occu. Agri.,
7. Sk. Sattar Sk. Gulab,
Age Major, Occu. Agri.,
8. Sk. Hasan Sk. Sahanoor,
Age Major, Occu. Agri.,
9. Sk. Hussain Sk. Sahanoor,
Through his Lrs. Sk. Azam Sk. Hussain,
Age Major, Occu. Agri.,
WP No.14279/19 & Ors.
10. Sk. Ibrahim Sk. Sahanoor,
Age Major, Occu. Agri.,
11. Sk. Taru Sk. Hasan,
Age Major, Occu. Agri.,
12. Sk. Hamid Sk. Kondan,
Age Major, Occu. Agri.,
13. Sk. Amir Sk. Habib,
Age Major, Occu. Agri.,
14. Mohammad Ishaq Gulab Patel,
Age Major, Occu. Agri.,
15. Sk. Sahanoor Sk. Kondan,
Age Major, Occu. Agri.,
16. Sk. Yunus Sk. Kondan,
Age Major, Occu. Agri.,
17. Sk Samad Shk Kondan,
Age Major, Occu. Agri.,
18. Sk. Yusuf Sk. Kondan,
Through his Lrs.,
Age Major, Occu. Agri.,
19. Shafifabi Sk. Amin,
Age Major, Occu. Agri.,
20. Salimabi Munir Shaikh,
Age Major, Occu. Agri.,
21. Akhtarbi Allahbaksh Shaikh,
Age Major, Occu. Agri.,
22. Sk. Nawab Sk. Sahanoor,
Age Major, Occu. Agri.,
WP No.14279/19 & Ors.
23. Sk. Ismail Sk. Sahanoor,
Age Major, Occu. Agri.,
24. Sk. Hussain Sk. Sahanoor,
Through his Lrs.
Sk. Nayyum Sk. Hussain,
Age Major, Occu. Agri.,
25. Shaikh Hussain Sk. Sahanoor,
Through his Lrs.,
Sk. Kayyum Sk. Hussain,
Age Major, Occu. Agri.,
26. Sk. Minaj Sk. Babulal,
Age Major, Occu. Agri.,
27. Sk. Galib Sk. Babulal,
Age Major, Occu. Agri.,
28. Sk. Nawaj Sk. Mahboob,
Age Major, Occu. Agri.,
29. Ravsaheb Punjaji Hiwale,
Age Major, Occu. Agri.,
30. Digambar Punjaji Hiwale,
Age Major, Occu. Agri.,
31. Amol Ankush Hiwale,
Age Major, Occu. Agri.,
All R/o. Mauje-Devlai,
Tal. Aurangabad, Dist. Aurangabad. ...Petitioners.
Versus
1. The Secretary,
Ministry of Road and Transport,
WP No.14279/19 & Ors.
Government of India, Transport Bhavan,
1-Sansad Marg, New Delhi-110001.
2. The National Highway Authority of India,
Through its Chairmen, Sector-10, Dwarka,
Delhi-110075.
3. The Competent Authority Land Acquisition
and Sub-Divisional Officer, Aurangabad.
Tal. Aurangabad, Dist. Aurangabad.
4. The Project Director, PIU Aurangabad,
National Highway Authority of India,
Kamgaar Chowk, N-4, CIDCO, Aurangabad.
5. The District Collector, Aurangabad,
Collector Office, Aurangabad. ....Respondents.
...
Advocate for Petitioners : Mr. R.M. Patil
Advocate for Respondent 1 : Ms.Sudha Kulthe
Advocate for Respondent 3 & 4 : Mr. D.S. Manorkar
AGP for Respondent 5 : Mrs. V.N. Patil-Jadhav
...
CORAM : S.V. GANGAPURWALA &
R.N. LADDHA, JJ.
DATED : 26/08/2021.
ORAL JUDGMENT : [PER S.V. GANGAPURWALA, J.]
. Rule. Rule made returnable forthwith. With the
consent of learned advocates for respective parties, matters are
taken up for final hearing.
WP No.14279/19 & Ors.
2. The petitioners challenge the second award passed by
respondent No. 3/competent authority and Sub Divisional Officer,
Land Acquisition.
3. All these writ petitions are based on similar set of facts
and involve common question of law. To avoid rigmarole are
decided by the common judgment.
4. In all these petitions, the petitioners are challenging
the second award passed by the competent authority and Sub
Divisional Officer, Land Acquisition.
5. In the present petitions, initially, the first award was
passed under section 3 (G) of the National Highway Act, 1956 on
or about 20.2.2017, 20.5.2017 and 15.5.2017, respectively, and
subsequently, the second award modifying/substituting the first
award is passed on 31.7.2017, 23.8.2017 and 28.7.2017,
respectively.
6. We have heard Mr. R.M. Patil, learned advocate for the
WP No.14279/19 & Ors.
petitioners and Mr. D.S. Manorkar, learned advocate for
respondents.
7. According to Mr. Manorkar, learned counsel for
respondents, the first award was provisional award and thereafter,
it was found that the lands of the petitioners are situated in rural
area and not adjacent to the highway. As such the second award is
passed.
8. It is the case of passing second award. In that event,
the parties in the present writ petitions would be similarly situated
with the parties in Writ Petition No. 1883/2018 with connected
writ petitions decided on 8.11.2019 wherein this Court had held
that the authority does not have jurisdiction to pass the second
award.
9. In the light of that, for the reasons recorded in the
judgment dated 8.11.2019 in Writ Petition No. 1883/2018 with
connected writ petitions, the second award stands quashed and
set aside.
WP No.14279/19 & Ors.
10. Rule is made absolute in terms of prayer clause 'A'.
[ R.N. LADDHA, J. ] [S.V. GANGAPURWALA, J.]
ssc/
