Smt. Drupadi Baban Devadkar vs The Competent Authority And Ors
2021 Latest Caselaw 15034 Bom

                                                                                J-WP-2501-21.doc


       rkmore

                                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                           CIVIL APPELLATE JURISDICTION
         Digitally
         signed by                         WRIT PETITION NO.2501 OF 2021
         DINESH
         SADANAND
DINESH
SADANAND SHERLA       Smt.Draupadi Baban Devadkar                  ]     Petitioner
SHERLA   Date:
         2021.10.14
         17:04:24                    vs.
         +0530
                      The Competent Authority                      ]
                      Land Acquisition and                         ]
                      Sub-Divisional Officer & Ors.                ]     Respondents


                      Mr.Surel S. Shah, for petitioner.
                      Mr.A.M.Kulkarni a/w Ms.Akanksha Helaskar for Respondent Nos.2 to 4.
                      Mrs.M.S. Bane, AGP for State.
                                           CORAM : PRASANNA B. VARALE &
                                                   N.R.BORKAR, JJ.

                                           RESERVED ON   :         21.09.2021
                                           PRONOUNCED ON :         14.10.2021

                      P.C. :

                      1]       This petition take an exception to the order dated 28.06.2021

passed by The Competent Authority Land Acquisition and Sub- Divisional Officer/Respondent No.1 on the application No.Bhu- Sampadan/Kavi/679/2021 filed by the petitioner.

2] According to the petitioner, respondent Nos.2 and 3 are her real brothers. The land bearing Gat No. 328/2A, 328/3A, 348, 347, 342/1 and 342/2, situated at Mahalung, Taluka-Malshiras, District-Solapur is the joint family property of the petitioner and respondent Nos.2 and 3. It is stated that the respondent No.4 is the wife of respondent No.2 in whose name the respondent No.2 has purchased the lands from the joint family income.

J-WP-2501-21.doc

3] It is stated that the aforesaid joint family lands came to be acquired for the purpose of extension of National Highway No.965G which is known as Baramati-Indapur-Akluj-Bondle Road. The amount of compensation was finalised on 14.02.2019 and it was approved by the Authority on 26.02.2021.

4] It is stated that the petitioner had filed a suit in the Court of Civil Judge, Junior Division, Malshiras being Regular Suit No.650 of 2020 for partition of the aforesaid properties. It is stated that on the basis of her right in the aforesaid suit properties, the petitioner had filed an objection on 07.09.2020 with respondent No.1 to deposit the amount of compensation in the Court of Civil Judge, Malshiras, where the suit for partition is pending.

5] It is stated that despite the law settled by this Court, the respondent No.1 was proceeding with disbursement of amount in favour of respondent Nos.2 to 4 and therefore, the petitioner approached this Court by filing Writ Petition (Stamp) No.11388/2021), in which this Court by order dated 15.06.2021 directed the respondent No.1 to decide the petitioner's objection. It is stated that pursuant to the order passed by this Court in Writ Petition (Stamp) NO.11388/2021, the petitioner appeared before respondent No.1 and filed written submission. It is stated that the respondent No.1, despite bonafide dispute pending in the competent Civil Court, proceeded to adjudicate the rights of parties contrary to law laid down by this Court and passed the impugned order, thereby, rejecting the objection of the present petitioner.

J-WP-2501-21.doc

6] We have heard the learned counsel for the petitioner and learned counsel for contesting respondents.

7] The learned counsel for the petitioner submits that Section 3-H of the National Highways Act requires the Competent Authority to refer the dispute to Civil Court alongwith the amount of compensation, if there is a dispute regarding entitlement and apportionment of compensation. It is submitted that respondent No.1, in similar circumstances, has transferred the compensation in about 163 cases to the Civil Court, Malshiras. However, in the present case, the respondent No.1 proceeded to adjudicate the rights of the parties on merits for reasons best known to her. In support of the submissions, learned counsel for the petitioner has relied upon the Judgment of this court in Writ Petition No.6919 of 2018 dated 14.12.2018 in the case of Rajaram Waman Rane & Others vs. Ramkrishna Mahadev Rane & Ors.

8] On the other hand, learned counsel for respondent Nos.2 to 4 has submitted that the suit came to be filed only after initiation of acquisition proceedings. He has further submitted that the suit is not bonafide and the petitioner has no right or interest in the aforesaid properties. It is submitted that even otherwise the petitioner is claiming 1/3 share in the aforesaid suit properties. It is submitted that, in such situation, it would not be in the interest of justice to transfer the entire amount of compensation to the Civil Court. The learned counsel for the respondent Nos.2 to 4 submitted that at the most 1/3 amount of compensation can be transferred to the Civil Court.

9] We have perused the copy of the plaint. Perusal of the prayer made in the suit shows that the petitioner has claimed 1/3 share in the

J-WP-2501-21.doc

suit properties. Even, if she succeeds in her suit, at the most she would be entitled to 1/3 share and consequently 1/3 amount of compensation. In view of this fact, we do not see any reason to transfer the entire amount to the civil Court. In the result, following order is passed :

      i]     Writ Petition is partly allowed.
      ii]    The order impugned       dated 28.06.2021          passed by the

respondent No.1- Competent Authority, Land Acquisition and Sub- Divisional Officer, is quashed and set aside.

iii] Respondent No.1 shall release 2/3 amount of compensation in favour of respondent Nos.2 to 4 as per their entitlement and shall deposit 1/3 amount of compensation in the Court of Civil Judge Junior Division, Malshiras, where Regular Civil Suit No.650/2020 is pending.

iv] The Civil Court, Junior Division, Malshiras shall pass appropriate orders in relation to the said amount of compensation while deciding the Regular Civil Suit No.650/2020.

      v]     Writ Petition is disposed of accordingly.



   [N.R.BORKAR, J]                     [PRASANNA B. VARALE, J]