Shivaji Limbaji Chavan vs The State Of Maharashtra Through ...
2021 Latest Caselaw 4870 Bom

                                                                          35.wp.897-21.doc

Bhogale

                   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           CIVIL APPELLATE JURISDICTION

                           WRIT PETITION NO.897 OF 2021

          Shivaji Limbaji Chavan                                .. Petitioner
                vs.
          The State of Maharashtra & ors.                 .. Respondents
                                 ------------------------
          Mr. R.S. Alange for the Petitioner.
          Mr. S.H. Kankal, AGP for the State.
                                     ------------------------

                                    CORAM           : M.S.KARNIK, J.

                                    DATE            :   MARCH 17, 2021

          P.C.:-

Rule. Rule made returnable forthwith. Heard fnally with the

consent of the learned counsel appearing for the parties.

2. The Petitioner is aggrieved by the order dated 15.09.2020

passed by the Sub Divisional Ofcer, Solapur rejecting the

application made by the Petitioner for redetermination of

compensation under Section 28A of the Land Acquisition Act,

1894 ('the said Act' for short). Reading of the impugned order

would reveal that the order has been passed in view of the

opinion dated 28.07.2017 of the Assistant Government Pleader,

Solapur. The order has been passed only on the basis of this

opinion. Learned counsel for the Petitioner has relied upon the

35.wp.897-21.doc

decision of this Court in the case of Shri Dhondiba Sudam

Sonwane since deceased through Lrs. & Other vs. The

State of Maharashtra & ors. in Writ Petition No.9666 of 2013

dated 29.11.2013 where a similar issue had arisen in support of

his case.

3. Learned AGP tried to justify the impugned order.

4. Firstly, in my opinion the S.D.O. should have conducted the

enquiry as contemplated under Section 28A of the said Act and

then proceeded to pass appropriate orders. In any case the

application could not have been rejected only based on the

opinion of the Assistant Government Pleader, Solapur. It would

be material to refer to operative portion Clause (d) of the order

passed in Shri Dhondiba Sudam Sonwane's case which reads

thus :-

(d) We direct the ofce of the Government Pleader to forward copies of this judgment and order to all Divisional Commissioners in the State; The Divisional Commissioners, in turn, shall direct that copies of this judgment and order shall be circulated to all the ofcers exercising powers of the Collector under the Land Acquisition Act, 1894 through the ofce of the District Collectors."

5. This Court in Shri Dhondiba Sudam Sonwane's case

has clearly provided for the manner in which the application

35.wp.897-21.doc

under Section 28A of the said Act for redetermination of

compensation is to be dealt with. The impugned order therefore

calls for interference. The matter is remitted to the S.D.O.

6. The S.D.O. shall decide the application made under Section

28A of the said Act for redetermination of compensation afresh in

accordance with the provisions of law and in the light of the

observations made by this Court in Shri Dhondiba Sudam

Sonwane's case.

7. Rule is made absolute. The impugned order is set aside.

The Petitioner to appear before the Respondent No.3 on

08.04.2021 at 11.00 a.m. to enable the Respondent No.3 to

proceed further with the matter.

8. The Writ Petition is disposed of.

(M.S.KARNIK, J.)

Digitally signed by Diksha Diksha Rane Rane Date:

2021.03.17 19:15:04 +0530