M/S. Ntpc Ltd. Solapur Super ... vs Savita Vitthal Chavan And Ors
2022 Latest Caselaw 12943 Bom

Citation : 2022 Latest Caselaw 12943 Bom
Judgement Date : 13 December, 2022

Bombay High Court

M/S. Ntpc Ltd. Solapur Super ... vs Savita Vitthal Chavan And Ors on 13 December, 2022

Bench: R. I. Chagla

                                                        41.IA.3459.20 in FAST.5162.20.doc



               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       CIVIL APPELLATE JURISDICTION

                    INTERIM APPLICATION NO. 3459 OF 2020
                                      IN
                      FIRST APPEAL (ST.) NO. 5162 OF 2020


M/s. National Thermal Power Corp.
Ltd. (NTPC) Solapur Super Thermal
Power Project                                 ...     Applicant/Appellant
                                              (Orig. Respondent No.1)

           Versus

Savita Vittal Chavan & Ors.                   ...     Respondents



Mr. M.A. Choudhari for the Applicant.
Mr. A.R. Patil, A.G.P. for the State- Respondent Nos.2 and 3.



                                  CORAM :     R.I. CHAGLA, J.
                                  DATED :     13th DECEMBER, 2022.


ORDER :

1 The urgency for circulating the Interim Application for stay

of the execution, implementation and/or operation of the impugned

judgment and order dated 27.07.2018 passed by the Civil Judge, Senior

Division, Solapur, in Land Acquisition Reference No.33 of 2011 is in view

of the notice dated 07.12.2022 issued by the Assistant Collector, Solapur

Waghmare 1/4

41.IA.3459.20 in FAST.5162.20.doc

by which the Appellant is directed to deposit the compensation awarded

to Respondent No.1 in Land Acquisition Reference No.33 of 2011 by

14.12.2022 and if not deposited, the possession of the subject property

will be taken.

2 The learned Counsel appearing for the Appellant has referred

to the impugned judgment and order passed by the Civil Judge, Senior

Division, Solapur. He has submitted that impugned judgment and order

has been passed ex-parte against the Appellant herein. The name of the

Appellant herein was not correctly reflected in the cause title of the

impugned judgment and order dated 27.07.2018. He has submitted that

there is merit in the First Appeal which has been filed and which raises

grounds such as though there was consent of the Collector, Solapur for

the subject property to be acquired and that there would be no further

challenge in acquisition proceedings under Section 18 of the Land

Acquisition Act, 1894, the subject Reference was made by the Collector,

Solapur under that provision. He has submitted that it is a well settled

position of law that where there is a settlement arrived at recourse of

Section 18 of Land Acquisition Act 1894 will not be taken. He has

submitted that in view of notice issued by the Assistant Collector, Solapur

to deposit the compensation which has been awarded by the Civil Judge,

Senior Division, and which is subject matter of challenge in the First Waghmare 2/4

41.IA.3459.20 in FAST.5162.20.doc

Appeal, a stay has been sought on the execution, implementation and

operation of the impugned judgment and order dated 27.07.2018.

3 Having considered the submissions of the learned Counsel for

the Appellant and taking note of the fact that the impugned judgment and

order was passed ex-parte against the Appellant and for which grounds of

challenge have been raised in the First Appeal including on recourse to

Section 18 of the Land Acquisition Act cannot be taken particularly where

there is consent by the Collector to the acquisition, the execution,

implementation and operation of the impugned judgment and order

dated 27.07.2018 is required to be stayed. Hence, the following order is

passed :

i) Till the next date there shall be stay of the execution,

implementation and operation of the impugned judgment

and order dated 27.07.2018 passed by the Civil Judge, Senior

Division, Solapur in Land Acquisition Reference No.33 of

2011.