Vidarbha Irrigation Development ... vs Radhakishan Gangabisan Dubey ...
2022 Latest Caselaw 8339 Bom

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              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        NAGPUR BENCH, NAGPUR

                                   Writ Petition No.5122/2022
                     VIDC, Akola V Radhakishan Dubey and others
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Office notes, Office Memoranda of
Coram, appearances, Court's orders                     Court's or Judge's Orders
or directions and Registrar's orders.
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                Mr. P.B. Patil, Advocate for petitioner.
                Mr. N.R. Patil, AGP for resp.no.4.


                              CORAM : AVINASH G GHAROTE, J.

DATE : 24-08-2022

Heard Mr. Patil, learned Counsel for the petitioner.

Though the petitioner is not a party to the proceedings in RCA No.118/2015 since the impugned order dated 17-02-2021 directed the respondent no.3 (Land Acquisition Officer) therein to deposit an amount of Rs.39,70,394/- on account of interest payable on the amount of compensation awarded for acquisition of the land as the petitioner is the acquiring body and is aggrieved by the said order relying upon judgment of the Hon'ble Apex Court in the case of Hardevinder Singh vs Paramjit Singh and others, reported in (2013) 9 SCC 261, learned counsel submits that such an order can be challenged by the petitioner being an aggrieved party. It is submitted that the entire compensation amount of Rs.23,10,422/- was deposited by the acquiring body with the Land Acquisition Officer on 19-01-2000, out of which a part amount was also paid to the landlord owner. Since there was a dispute between the land owner and the tenant, proceedings were filed before the learned Civil Court for aportionment in which the learned trial Court by the judgment dated 18-08-2014 (pg 55) held that the landowner was entitled to share of ¼ th in the compensation amount, whereas

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the tenant is entitled to 3/4th share which is the subject matter of Appeal i.e. RCA No.118/2015 in which the impugned order has been passed. Since the amount was already deposited by the acquiring body with the Land Acquisition Officer on 19-01-2000 and part amount of that stood paid to the landlord it is contended that the question of granting any interest did not arise as there was a dispute inter se in between the landlord and the tenant on account of which delay was caused which cannot be attributable either to the Land Acquisition Officer or the acquiring body.

Issue notice for final disposal to the respondents, returnable on

08-09-2022

Learned AGP waives notice for respondent no.4.

The petitioner to serve the respondent by all permissible modes

including the Hamdast.

Impugned order is stayed till the returnable date.

JUDGE

Deshmukh