Bombay High Court

Godavari Marathwada Irrigation ... vs Ramprasad Wamanrao Surwase And ... on 29 January, 2021

Bench: R. G. Avachat

WPs.7357.2020 and ors.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD

WRIT PETITION NO.7357 OF 2020

Godavari Marathwada Irrigation
Development Corporation, Aurangabad
Through Executive Engineer,
Beed Irrigation Division, Beed ..Petitioner

Vs.

Ramprasad Wamanrao Surwase
and anr. ..Respondents

AND
WRIT PETITION NO.7515 OF 2020

Godavari Marathwada Irrigation
Development Corporation, Aurangabad
Through Executive Engineer,
Beed Irrigation Division, Beed ..Petitioner

Vs.

Annabhau Sahebrao Ubale
and ors. ..Respondents

WRIT PETITION NO.5330 OF 2020

Godavari Marathwada Irrigation
Development Corporation, Aurangabad,
Through Executive Engineer,
Beed Irrigation Division, Beed ..Petitioner

Vs.

Kundlik Daulatrao Talekar and anr. ..Respondents

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2 WPs.7357.2020 and ors

AND
WRIT PETITION NO.7516 OF 2020

Godavari Marathwada Irrigation
Development Corporation, Aurangabad
Through Executive Engineer,
Beed Irrigation Division, Beed ..Petitioner

Vs.

Machindra Pandurang Dubale
and ors. ..Respondents

AND
WRIT PETITION NO.7517 OF 2020

Godavari Marathwada Irrigation
Development Corporation, Aurangabad
Through Executive Engineer,
Beed Irrigation Division, Beed ..Petitioner
Vs.
Chandrakant Dhondiram
and anr. ..Respondents

AND
WRIT PETITION NO.7518 OF 2020

Godavari Marathwada Irrigation
Development Corporation, Aurangabad
Through Executive Engineer,
Beed Irrigation Division, Beed ..Petitioner

Vs.

Sainath Pandurang Talekar,
u/g. of Gangubai Pandurang Talekar
and ors. ..Respondents

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3 WPs.7357.2020 and ors

AND
WRIT PETITION NO.7519 OF 2020

Godavari Marathwada Irrigation
Development Corporation, Aurangabad
Through Executive Engineer,
Beed Irrigation Division, Beed ..Petitioner

Vs.

Abhiman Shriram Lande
and ors. ..Respondents

AND
WRIT PETITION NO.7520 OF 2020

Godavari Marathwada Irrigation
Development Corporation, Aurangabad
Through Executive Engineer,
Beed Irrigation Division, Beed ..Petitioner

Vs.

Navnath Ashruba Dubale
and ors. ..Respondents

AND
WRIT PETITION NO.7521 OF 2020

Godavari Marathwada Irrigation
Development Corporation, Aurangabad
Through Executive Engineer,
Beed Irrigation Division, Beed ..Petitioner

Vs.

Kisan Dnyanoba Kadam and anr. ..Respondents

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4 WPs.7357.2020 and ors

AND
WRIT PETITION NO.7522 OF 2020

Godavari Marathwada Irrigation
Development Corporation, Aurangabad
Through Executive Engineer,
Beed Irrigation Division, Beed ..Petitioner
Vs.

Raosaheb Nagorao Lande
and anr. ..Respondents

AND
WRIT PETITION NO.7523 OF 2020

Godavari Marathwada Irrigation
Development Corporation, Aurangabad
Through Executive Engineer,
Beed Irrigation Division, Beed ..Petitioner

Vs.

Harishchandra Apparao Thote,
died through L.Rs.
Rohidas Harishchandra Thote
and anr. ..Respondents

AND
WRIT PETITION NO.7524 OF 2020

Godavari Marathwada Irrigation
Development Corporation, Aurangabad
Through Executive Engineer,
Beed Irrigation Division, Beed ..Petitioner
Vs.
Ramesh Rangnath Kurund
and ors. ..Respondents

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AND
WRIT PETITION NO.7525 OF 2020

Godavari Marathwada Irrigation
Development Corporation, Aurangabad
Through Executive Engineer,
Beed Irrigation Division, Beed ..Petitioner

Vs.

Ranjit Ramchandra Talekar
and ors. ..Respondents

AND
WRIT PETITION NO.7526 OF 2020

Godavari Marathwada Irrigation
Development Corporation, Aurangabad
Through Executive Engineer,
Beed Irrigation Division, Beed ..Petitioner

Vs.

Pandit Nagorao Lande
and anr. ..Respondents

AND
WRIT PETITION NO.7527 OF 2020

Godavari Marathwada Irrigation
Development Corporation, Aurangabad
Through Executive Engineer,
Beed Irrigation Division, Beed ..Petitioner
Vs.
Vishvanath Dadasaheb Lande
and anr. ..Respondents

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AND
WRIT PETITION NO.7528 OF 2020

Godavari Marathwada Irrigation
Development Corporation, Aurangabad
Through Executive Engineer,
Beed Irrigation Division, Beed ..Petitioner

Vs.

Bhagvan Vishvanath Nande,
died through L.Rs.
Rameshwar Bhagvan Nande
and ors. ..Respondents

AND
WRIT PETITION NO.7529 OF 2020

Godavari Marathwada Irrigation
Development Corporation, Aurangabad
Through Executive Engineer,
Beed Irrigation Division, Beed ..Petitioner

Vs.

Sandip Ramprasad Surwase,
u/g. of Sunita Ramprasad Surwase
and anr. ..Respondents
AND
WRIT PETITION NO.7530 OF 2020

Godavari Marathwada Irrigation
Development Corporation, Aurangabad
Through Executive Engineer,
Beed Irrigation Division, Beed ..Petitioner

Vs.

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Sanjivani Mahadev Dubale
and anr. ..Respondents

AND
WRIT PETITION NO.7531 OF 2020

Godavari Marathwada Irrigation
Development Corporation, Aurangabad
Through Executive Engineer,
Beed Irrigation Division, Beed ..Petitioner

Vs.

Bankat Mahadev Andil and anr. ..Respondents

AND
WRIT PETITION NO.7532 OF 2020

Godavari Marathwada Irrigation
Development Corporation, Aurangabad
Through Executive Engineer,
Beed Irrigation Division, Beed ..Petitioner

Vs.

Kalyan Uttamrao Dubale
and ors . ..Respondents

AND
WRIT PETITION NO.7533 OF 2020

Godavari Marathwada Irrigation
Development Corporation, Aurangabad
Through Executive Engineer,
Beed Irrigation Division, Beed ..Petitioner

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Vs.

Rashid Naser Sayed
and anr. ..Respondents

AND
WRIT PETITION NO.7534 OF 2020

Godavari Marathwada Irrigation
Development Corporation, Aurangabad
Through Executive Engineer,
Beed Irrigation Division, Beed ..Petitioner

Vs.

Shalinibai Bhagwatrao Dubale
and anr. ..Respondents

AND
WRIT PETITION NO.7535 OF 2020

Godavari Marathwada Irrigation
Development Corporation, Aurangabad
Through Executive Engineer,
Beed Irrigation Division, Beed ..Petitioner

Vs.

Dadarao Sitaram Talekar
and anr. ..Respondents

AND
WRIT PETITION NO.7536 OF 2020

Godavari Marathwada Irrigation
Development Corporation, Aurangabad
Through Executive Engineer,
Beed Irrigation Division, Beed ..Petitioner

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Vs.
Ganpat Keshav Devkar
and anr. ..Respondents

----
Mr.S.R.Bhalerao, Advocate for petitioners in all petitions
Mr.S.P.Tiwari, Advocate for respondent - State in all petitions
Mr.H.V.Tungar, Advocate for respondents (claimants) in Writ
Petition Nos.7516, 7517, 7519, 7520, 7521, 7522, 7523, 7524,
7526, 7527, 7528, 7530, 7531, 7532, 7534 and 7536 of 2020
Mr.V.P.Latange, Advocate for respondent no.3 in Writ Petition
No.7515 of 2020
Mr.R.G.Hange, Advocate for respondent no.1 Writ Petition
No.7529 of 2020
Mr.A.V.Thombre, Advocate for respondent nos.1 and 2 in Writ
Petition No.7518 of 2020, 7535 of 2020 and 7525 of 2020
----

CORAM : R.G. AVACHAT, J.

DATE : JANUARY 29, 2021 FINAL ORDER :-

The challenge in all these Writ Petitions is to the

awards passed by the Lok Adalat in Land Acquisition

References.

2. The petitioners in all these petitions is acquiring

body, which has acquired lands of the respondents/claimants

for irrigation project. The respondents/claimants, being

10 WPs.7357.2020 and ors

aggrieved by the compensation awarded by the Special Land

Acquisition Officers (SLAO), filed Land Acquisition References

(LARs) for enhancement of compensation amount. All the LARs

under challenge in these Writ Petitions, were placed before the

Lok Adalat without following the procedure contemplated under

Section 20 of the Legal Services Authority Act, 1987. The

petitioners/acquiring body was not ready and willing to

compromise the LARs. The awards have been passed in breach

of the State Government policy decision dated 03.11.2016.

The interest rate awarded was against the dictum of the Full-

Bench judgment of this Court. Memorandums of compromise

have been signed by the respondents/claimants, their

Advocates, AGPs, Deputy Collector (Land Acquisition) and in

some matters, by Sub-Divisional Engineer. As per Section 15

of the Maharashtra Godavari Marathwada Irrigation

Development Corporation Act, 1998, the Government

authorities are not contesting party and hence, have no active

role to enter into the compromise. The concerned Sub-

Divisional         Engineer         did   not   have   authority       to     sign      the





                                                11                         WPs.7357.2020 and ors



compromise             on     behalf     of   the   petitioners/acquiring             body,

without written permission of the petitioner/acquiring body.                               In

Public Interest Litigation No.63 of 2019, the petitioners had

filed its reply and made a statement that it would be filing Writ

Petitions challenging the awards passed in the Lok Adalat.

Hence, these petitions.

3. Heard learned Counsel appearing for the parties.

4. Learned counsel for the petitioners/acquiring body

would submit that in view of the order dated 22.11.2019

passed by this Court in Writ Petition Nos.12906 of 2019

(Godavari Marathwada Irrigation Development Corporation,

Aurangabad, through Executive Engineer Vs. Ashok Bajirao

Ghule and ors.) and other connection petitions, present Writ

Petitions need to be given similar treatment.

Learned Counsel for the respondents/claimants

opposed the prayer.

5. I have also perused the order dated 27.02.2020

passed by this Court in Writ Petition No.1578 of 2020 (Godavari

12 WPs.7357.2020 and ors

Marathwada Irrigation Development Corporation, Aurangabad

Vs. Maroti Govind Jadhav and anr.) and a bunch of Writ

Petitions.

6. This Court has no reason to take a different view.

Present Writ Petitions are, therefore, partly allowed. The

awards impugned in all these Writ Petitions are quashed and

set aside. All the LAR proceedings are remitted to the

concerned LAR Courts with the following directions :-

(A) In cases where the entire decreetal amounts have

been deposited, the respondents/claimants, who

have not therefrom withdrawn the amounts, would

be entitled to withdraw the amount equal to double

the amount granted by the SLAO along with

statutory interest component.

(B) In cases where the entire decreetal amounts have

been deposited by the petitioner before the LAR

Courts and if the said amounts have been withdrawn

13 WPs.7357.2020 and ors

by the respondents/claimants, such withdrawal shall

be subject to the result of the LAR proceedings.


(C)            In cases where the decreetal amounts have not been

               deposited         before     the    LAR          Courts,           the

petitioners/acquiring body shall deposit double the

amount granted by the SLAO along with mandated

interest component, before the LAR Courts, on or

before 30.04.2021.

(D) On deposit of the amount, the respondents/

claimants would be permitted to withdraw the

amount equal to double the amount granted by the

SLAO, along with the statutory interest component

by furnishing an undertaking on affidavit that they

would return the amount received or part thereof to

the LAR Courts within a period of eight weeks from

the date of adverse order, if any, is passed by the

LAR Court. In case of default, the amounts shall

carry interest at the rate of 4% per annum.

                                       14                        WPs.7357.2020 and ors




(E)            The LAR proceedings are expected to be decided

within a period of ten months from the date of

receipt of copy of this order.

(F) There shall be no bar to place the LAR proceedings

before Lok Adalat.

(G) In case the LAR proceedings are placed before the

Lok Adalat, the authorities concerned would follow

the mandatory procedure before arriving at a

settlement.

(H) If the original claimants are no more, their legal

representatives are at liberty to come on record of

the LAR proceedings.

(I) The Writ Petitions stand disposed of.