Friday, 08, May, 2026
 
 
 
Expand O P Jindal Global University
 
  
  
 
 
 

Sunil S/O. Radhesham Shukla And ... vs State Of Maharashtra, Thr. ...
2022 Latest Caselaw 6424 Bom

Citation : 2022 Latest Caselaw 6424 Bom
Judgement Date : 7 July, 2022

Bombay High Court
Sunil S/O. Radhesham Shukla And ... vs State Of Maharashtra, Thr. ... on 7 July, 2022
Bench: Manish Pitale
1/23                                                       WP-1415.21.odt-J




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

                     WRIT PETITION NO. 1415 OF 2021

PETITIONERS :-              1. Sunil S/o Radhesham Shukla, Aged about
Original Applicant in
                               60 years, Occu: Business, R/o Laxmi-
Reference Case before          narayan Gaurishankar Niwas, Behind
Trial Court                    Ramdevbaba Engineering College, Pension
                               Nagar, Nagpur, Tah. & Distt. Nagpur.

Original Non-applicant      2. Munna @ Gangaprasad S/o Radhesham
no.8 in Reference Case         Shukla, Aged about 57 years, Occu: Priest
before Trial Court             & Cultivator, R/o Laxminarayan Mandir,
                               Bazar Chouk, Sindi (Rly), Tq. Seloo, Distt.
                               Wardha-442105.

                                ...VERSUS...

RESPONDENTS :-              1. State of Maharashtra, through Collector,
                               Wardha.
Original Non-applicants
no.1 to 7 and Original      2. The Sub-Divisional Officer, Wardha, Tah. &
Non-applicants no.9 to 15      Distt. Wardha.
in Reference Case before
Trial Court                 3. The Officer-in-Charge, Jawaharlal Nehru
                               Dry Port Project Sindi (Rly), Tah. Seloo,
                               Distt. Wardha.

                            4. The Tahsildar, Seloo, Tah. Seloo, Distt.
                               Wardha.

                            5. Durga @ Jyoti W/o Arvindkumar Awasthi,
                               Aged about 67 years, Occu: Household, R/o
                               Ratan Nagar, Plot No.17, Jyoti Villa
                               Mankapur, Nagpur, Tah. & Distt. Nagpur.

                            6. Jayashri W/o Vinodkumar Awasthi, Aged
                               about 59 years, Occu: Household, R/o Gau



KHUNTE
 2/23                                    WP-1415.21.odt-J



            Anusandhan Vikas Kendra Near Durga
            Mandir, Badkas Chowk, Mahal, Nagpur,
            Tah. & Distt. Nagpur.

         7. Munna @ Gangaprasad S/o Radhesham
            Shukla - Deleted.

         8. Manisha W/o Sunilkumar Mishra, Aged
            about 56 years, Occu: Household, R/o
            Delhi, C/o Jyoti Awasthi, Ratan Nagar, Plot
            No.17, Jyoti Villa Mankapur, Nagpur, Tah.
            & Distt. Nagpur.

         9. Minakshi W/o Manish Tiwari, Aged about
            54 years, Occu: Household, R/o Idgah Hill
            Bhopal (M.P.).

         10.Radhesham S/o Gaurishankar Shukla, Aged
            about 92 years, Occu: Nil, R/o Plot No.110-
            D, Sector Kolar Marg Sarvadharma Colony,
            Bairagd Chichali, Bhopal-462 042 (M.P.).

         11.Shreyansh S/o Gopal Shukla, Aged 29
            years, Occu:Not Known, R/o Sarvadharama
            Colony, Nayapur, Kolar Road, Bhopal.

         12.Savita S/o Gopal Shukla, Aged 49 years,
            Occu: Household, R/o Sarvadharama
            Colony, Nayapur, Kolar Road, Bhopal.

         13.Shanta W/o Ashokrao Petkar, Aged about
            59 years, Occu: Cultivation, R/o Kandhali
            Road, Sindi (Rly), Tah. Seloo, Distt.
            Wardha.

         14.The Allahabad Bank, Nayapur Kolar Road
            Branch, Bhopal (M.P.) through its Branch
            Manager.




KHUNTE
 3/23                                                                            WP-1415.21.odt-J



-----------------------------------------------------------------------------------------------------
                   Mr.R.L.Khapre, Sr.Counsel a/b Mr.D.R.Khapre,
                                counsel for the petitioners.
                 Ms T.H.Khan, AGP for respondent Nos.1, 2 and 4.
              Mr. Abhijit Deshpande, counsel for respondent No.10.
          Mr. Yash Maheshwari, counsel for respondent Nos.11 to 13.
              Mr. Monogya U. Singh, counsel for respondent No.14.
                      None for respondent Nos.3, 5, 6, 8 and 9.
-----------------------------------------------------------------------------------------------------


                                        CORAM : MANISH PITALE, J.
                                        RESERVED ON                : 16.06.2022.
                                        PRONOUNCED ON : 07.07.2022.



JUDGMENT

Heard.

2. Rule. Rule made returnable forthwith. Heard the writ petition

finally with the consent of the learned counsel appearing for the rival

parties. Though respondent Nos.3, 5, 6, 8 and 9 were served, they were

not present in the Court.

3. The petitioners are aggrieved by an order dated 04/02/2021,

passed by the Court of 2nd Joint Civil Judge, Senior Division, Wardha,

whereby an application filed by the respondent No.10 for rejection of

reference under section 30 of the Land Acquisition Act, 1894 (hereinafter

KHUNTE 4/23 WP-1415.21.odt-J

referred to as "Act"), has been allowed. According to the petitioners,

once such a reference was made to the aforesaid Civil Court by the

respondent No.2-Sub-Divisional Officer, it ought to have been decided on

merits, after recording of evidence and that the said Court erred in

throwing out the reference at the threshold.

4. In the present case, land located in Mouza Parsodi, Tahsil

Seloo, District Wardha, was acquired by the respondent-State. The award

determining compensation payable to the claimant was pronounced on

29/03/1988 and since the land in question, was registered in the name of

contesting respondent No.10, i.e. the father of the petitioners, the

amount of compensation of Rs.22,992/- was disbursed to the respondent

No.10. There is no dispute about the fact that the said land was

purchased by the respondent No.10 in the year 1964.

5. At the time when the aforesaid amount of compensation was

disbursed as per the aforesaid award in the year 2010, and even

thereafter, no dispute was raised by any person in respect of the

entitlement of the said respondent for receiving compensation. Later,

when the acquired land was to be utilized for the benefit of respondent

No.3 i.e. the Jawaharlal Nehru Dry Port Project at Wardha, it appears that

KHUNTE 5/23 WP-1415.21.odt-J

there was some grievance made and demands raised by landowners for

further payment of amount. On 20/05/2016, the Deputy Secretary of the

concerned Department of the State of Maharashtra, sent a

communication to the respondent No.3 and its officials that in view of the

demands made, and also in the backdrop of the Right to Fair

Compensation and Transparency in Land Acquisition, Rehabilitation and

Resettlement Act, 2013, it was decided that further ex gratia

amount/additional compensation shall be paid to claimants pertaining to

the said acquisition at Rs.7,00,000/- per acre. Since the respondent

No.10 was the claimant, who had been paid amount towards

compensation as per the aforesaid award, steps were taken by the

concerned Authorities to disburse the enhanced compensation of

Rs.64,83,750/- into the account of respondent No.10.

6. It is at this stage, that on 05/08/2017, the petitioner No.1

applied before the Collector, Wardha under section 30 of the Act for

referring dispute regarding apportionment of the said additional amount,

to the Civil Court amongst "joint owners". With reference to the said

application, the Deputy Collector (Land Acquisition) sent a letter on

05/09/2017, to the respondent No.2-Sub-Divisional Officer for

appropriate action and in pursuance thereof, the reference was made to

KHUNTE 6/23 WP-1415.21.odt-J

the aforesaid Civil Court under section 30 of the Act, bearing LAC No.46

of 2017.

7. In this proceeding initiated before the said Civil Court, the

petitioner No.1 made an application for direction to stop disbursal of the

amount to the respondent No.10. The Civil Court passed orders and

issued directions to the concerned Bank as regards disbursal of the

amount into the account of the respondent No.10.

8. In the said pending proceeding, the respondent No.10 filed an

application questioning the maintainability of the reference, bearing

Exhibit-55. It was contended that when the petitioner No.1 moved the

application before the Collector under section 30 of the Act, the same was

directly referred to the Civil Court, without even putting the respondent

No.10 or other parties to notice. It was submitted that acquisition had

taken place and the award had been pronounced as far back as in the

year 1988 and the entire compensation was disbursed immediately in

favour of respondent No.10. There was no objection from any quarters at

that time and even thereafter and it was further submitted that the

amount now being distributed was only an ex gratia amount, having no

connection with the compensation determined under the award and

KHUNTE 7/23 WP-1415.21.odt-J

therefore, section 30 of the Act was not applicable. On this basis, it was

prayed that the application be allowed and the reference be held as not

maintainable.

9. The petitioner No.1 submitted reply before the Civil Court and

opposed the said application. By the impugned order dated 04/02/2021,

the said Civil Court allowed the application, thereby holding that the

reference was not maintainable. It was held that even the Deputy

Collector (Land Acquisition) had sent communication dated 27/11/2017,

withdrawing the reference under section 30 of the Act and therefore, the

application filed by the respondent No.10 deserved to be allowed.

10. Aggrieved by the said order, the petitioners filed the present

writ petition. It is significant that the petitioner No.2 was not the

applicant before the Collector under section 30 of the Act and yet the said

petitioner chose to join the petitioner No.1 in challenging the impugned

order. On 22/03/2021, this Court issued notice in the present petition

and on the question of interim relief, it was found that since the share of

the petitioners before this Court, came to Rs.13,00,000/-, interim stay

would be restricted to only the said amount and disbursal of balance

amount would not be affected. The respondents in the present case

KHUNTE 8/23 WP-1415.21.odt-J

entered appearance through counsel. The petition was opposed strongly

by the respondent No.10, i.e. the father of the petitioners, who was the

applicant before the Civil Court seeking rejection of the reference as not

maintainable. The other private respondents, i.e. respondent Nos.5, 6, 8,

9, 11, 12, and 13 did not oppose the present petition.

11. Mr. R.L. Khapre, learned senior counsel appearing for the

petitioners, vehemently submitted that the Civil Court committed a grave

error in allowing the application at Exhibit-55, filed by the respondent

No.10 and throwing out the reference at the threshold. It was submitted

that the nature of dispute raised in the present case on behalf of the

petitioners warranted detailed examination and recording of evidence to

reach any definitive conclusion. The learned senior counsel referred to

the provisions of the aforesaid Act, particularly section 30 thereof, to

emphasize that no limitation is prescribed therein and since the case of

the petitioners was that cause of action accrued to them only after the

death of their mother and when the additional compensation was

determined, the reference under section 30 of the Act was correctly made

by the Collector and that the same could not have been thrown out at the

threshold. The learned senior counsel relied upon the judgments of the

Hon'ble Supreme Court in the case of Dr.G.H. Grant v. The State of Bihar,

KHUNTE 9/23 WP-1415.21.odt-J

reported in AIR 1966 SC 237, Sunderlal v. Paramsukhdas and others,

reported in AIR 1968 SC 366 and Sharda Devi v. State of Bihar, reported

in AIR 2003 SC 942.

12. It was emphasized that since the interest of the petitioners in

the apportionment of compensation arose, in the facts of the present

case, after the death of their mother in the year 2015 and when

additional compensation was to be disbursed, the petitioners had

correctly invoked section 30 of the Act. This contention was pressed on

the assertion of the petitioners that the said land was purchased in 1964,

only in the name of their father, but from the resources of their mother.

As long as their mother was alive, they could not have raised any claim

regarding apportionment, but upon her death in the year 2015, they were

entitled to raise dispute regarding apportionment of the additional

compensation. Much emphasis was placed on the observations made by

the Hon'ble Supreme Court regarding entitlement of persons in such a

situation where the interest arises after award has been pronounced.

13. The learned senior counsel emphasized that the Civil Court

while passing the impugned order, committed a grave error in proceeding

on the basis that the Deputy Collector had withdrawn the reference itself.



KHUNTE
 10/23                                                     WP-1415.21.odt-J



It was submitted that once the concerned Deputy Collector had referred

the dispute under section 30 of the Act to the Civil Court, the said

Authority had no power to withdraw such a reference. It was

emphasized that if such a power was held to be available to the Collector,

it would have drastic consequences, because findings rendered by the

competent Civil Court, confirmed in challenges raised thereto, would

stand nullified by the Collector simply withdrawing the reference at any

stage. It was submitted that once the dispute was referred to the Civil

Court, it had to be disposed of after granting appropriate opportunity to

the concerned parties to lead evidence in support of their respective

stands. On this basis, it was submitted that the impugned order deserved

interference.

14. On the other hand, Mr. Abhijit Deshpande, learned counsel

appearing for the contesting respondent No.10, submitted that in the

present case, the petitioner No.1 could not have invoked section 30 of the

Act at all. By referring to the said provision, it was submitted that an

application to the Collector for referring a dispute to the Civil Court

would lie only when the dispute arises as regards apportionment of

compensation settled under section 11 of the Act. It was emphasized that

in the present case, the amount sought to be disbursed by the respondent

KHUNTE 11/23 WP-1415.21.odt-J

No.3, was only an ex gratia amount, while the compensation determined

under the award dated 29/03/1988, as per section 11 of the Act was

already disbursed immediately upon pronouncement of the award. On

this basis, it was submitted that the application filed by the petitioner

No.1 itself was stillborn.

15. Apart from this, it was submitted that when the petitioner No.1

submitted the said application before the Collector, it ought to have been

ascertained as to whether there could be said to be any dispute as regards

the apportionment of compensation in the context of an award, for

reference to the Civil Court. The Collector ought to have put all

concerned parties, particularly the respondent No.10, i.e. the recorded

owner of the said property, to notice before proceeding in the matter.

But, the Collector in the present case mechanically instructed the

respondent No.2-Sub-Divisional Officer to take appropriate steps leading

to the reference being registered in the Civil Court. It is for this reason

that when the reference came to be initiated on 29/09/2017, upon

realizing the mistake, the Deputy Collector immediately on 27/11/2017,

communicated to the Civil Court that the reference was being withdrawn.

Since the reference was withdrawn immediately, it could not be said that

KHUNTE 12/23 WP-1415.21.odt-J

such an act on the part of the Deputy Collector was either illegal or

without jurisdiction.

16. It was further submitted that in any case, the Civil Court was

enjoined to examine whether the dispute could at all have been referred

by the Collector under section 30 of the Act. Although some interim

orders were passed in the reference, the moment the respondent No.10

filed the aforesaid application at Exhibit-55 for dismissal of the reference

as not maintainable, the Civil Court correctly analyzed the material on

record to conclude that such a reference could not be entertained. The

learned counsel for the respondent No.10 relied upon judgments of the

Hon'ble Supreme Court in the case of Prayag Upnivesh Awas Evam

Nirman Sahkari Samiti Ltd. v. Allahabad Vikas Pradhikaran and another,

reported in AIR 2003 SC 2302 and Meher Rusi Dalal v. Union of India

and others, reported in (2004) 7 SCC 362 and the judgment of this Court

in the case of Dattaram Deu Desai and others v. Nirakar Devasthan of

Palolem, Goa and others, reported in 2003 (3) Mh.L.J. 477 and

Comunidade of Bambolim v. Manguesh Betu Kankonkar, reported in

2001 (2) Mh.L.J. 160.




KHUNTE
 13/23                                                     WP-1415.21.odt-J



17. Mr. Yash Maheshwari, learned counsel appearing on behalf of

respondent Nos.11, 12 and 13, submitted that he supported the

contentions raised on behalf of the respondent No.10 and he further

submitted that even if no limitation was prescribed under section 30 of

the said Act, an application for making reference under the said provision

ought to be made within reasonable time. He also placed reliance on

judgment of the Hon'ble Supreme Court in the case of Meher Rusi Dalal v.

Union of India (supra).

18. Ms T.H. Khan, learned AGP appeared on behalf of the

respondent Nos.1, 2 and 4 and supported the impugned order.

19. Heard the learned counsel for the rival parties and perused the

material on record. In the present case, the Civil Court has proceeded to

accept the contentions regarding maintainability of the reference raised

on behalf of respondent No.10 and accordingly, the reference itself has

been thrown out, without consideration in detail.

20. Before considering other contentions raised on behalf of the

rival parties, this Court is inclined to consider the contention raised on

behalf of the petitioners that the Civil Court ought not to have relied

KHUNTE 14/23 WP-1415.21.odt-J

upon withdrawal of the reference by the Deputy Collector for holding in

favour of respondent No.10. In this context, the learned counsel

appearing for the respondent No.10 submitted that such withdrawal of

reference could not be said to be either illegal or without jurisdiction,

firstly, because the withdrawal was almost immediate upon realizing the

mistake and secondly, if there is a power with an Authority to do

something, it certainly has the power to undo the same. This Court is of

the opinion that merely because in the present case, the reference was

withdrawn by the Deputy Collector within a couple of months of having

made the same, it cannot be said that such a step was justified because

the Authority, in the first place, must have the power to withdraw.

21. A reference is made to the Civil Court under section 30 of the

Act for resolution of dispute pertaining to apportionment of

compensation. This requires the Collector to reach a conclusion that a

dispute exists, which cannot be resolved by the Collector and it would

require determination by the Civil Court. This Court is of the opinion

that once the Collector concludes that reference of the dispute has to be

made to the Civil Court and in fact the dispute stands referred, the

Collector does not retain jurisdiction to withdraw such a reference.

Accepting the contention of the respondent No.10 is fraught with danger

KHUNTE 15/23 WP-1415.21.odt-J

for the reason that if the same is accepted, it would lead to a situation

where the Collector could annul the findings of the Civil Court, or even

higher Courts if the order of the Civil Court is challenged, by simply

withdrawing the reference at any stage. After making the reference, the

Collector becomes functus officio and it is then for the Civil Court to

proceed in the matter. Therefore, the Civil Court in the impugned order

could not have relied upon withdrawal of the reference by the Deputy

Collector to hold in favour of respondent No.10. The reliance placed by

the learned counsel appearing for the respondent No.10 on the judgment

in the case of Prayag Upnivesh Awas Evam Nirman Sahkari Samiti Ltd. v.

Allahabad Vikas Pradhikaran (supra) is misplaced for the reason that in

the said judgment, the Hon'ble Supreme Court has only held that the

reference Court cannot widen the scope of its enquiry beyond what is

referred to it by the Collector. The said judgment in no manner supports

the contention raised on behalf of the respondent No.10 in the aforesaid

context.

22. Nonetheless, it is necessary to examine whether the Civil Court,

in the present case was justified in allowing the application filed by the

respondent No.10 at Exhibit-55 and in holding that the reference was not

maintainable. The learned senior counsel appearing for the petitioners

KHUNTE 16/23 WP-1415.21.odt-J

emphasized that once the reference was made to the Civil Court under

section 30 of the Act, there was no power in the Civil Court to throw out

the reference at the threshold and that the Civil Court was mandated to

consider the dispute on merits, by asking the parties to lead evidence in

support of their respective claims. In other words, according to the

learned senior counsel appearing for the petitioners, the application filed

by the respondent No.10 could not have been considered by the Civil

Court.

23. This Court is of the opinion that although the Deputy Collector

in the present case appears to have mechanically directed the respondent-

Sub-Divisional Officer to take appropriate steps on the application moved

by the petitioner No.1 under section 30 of the Act, as a consequence of

which the reference appears to have been straightaway registered with

the Civil Court, even if the Deputy Collector had become functus officio

and the reference could not have been withdrawn, the Civil Court could

certainly examine as to whether such a reference could be entertained in

the facts and circumstances of the present case. The Civil Court derives

jurisdiction not just because the Collector refers the dispute to it, but the

jurisdiction is derived from the language of section 30 of the Act. The

said provision reads as follows:



KHUNTE
 17/23                                                                    WP-1415.21.odt-J



"30. Dispute as to apportionment.- When the amount of compensation has been settled under section 11, if any dispute arises as to the apportionment of the same or any part thereof, or as to the persons to whom the same or any part thereof, is payable, the Collector may refer such dispute to the decision of the Court."

24. It is significant that the dispute pertaining to apportionment

can be referred by the Collector to the decision of the Civil Court when

such dispute pertains to amount of compensation settled under section 11

of the Act. This obviously means that the dispute must relate to

compensation determined under award pronounced under section 11 of

the Act. In the present case, amount of compensation determined as per

award under section 11 of the Act, was Rs.22,992/- and the same was

immediately disbursed, pursuant to the said award dated 29/03/1988. It

was disbursed to the respondent No.10, being the registered owner of the

land as found in the land acquisition proceedings undertaken under the

said Act, on the basis of a registered sale deed of the year 1964, executed

in the name of respondent No.10. It is an admitted position that there

was no other recorded owner or claimant. No dispute was ever raised

when the said amount was disbursed to the respondent No.10, either

when it was disbursed or even thereafter.

25. The petitioners were both major when the award was

pronounced in the year 1988 and the amount of compensation was

KHUNTE 18/23 WP-1415.21.odt-J

disbursed to their own father, i.e. respondent No.10. Yet, no dispute was

raised at any point in time.

26. The material on record shows that the respondent No.3 on the

instructions of the respondent-State Government decided to disburse

further ex gratia amount to the persons whose lands were acquired in the

backdrop of certain demands made by certain landowners. It appears

that the provisions of the Act of 2013 influenced the decision taken by

the State for granting ex gratia amount. Letter dated 20/05/2016, sent

by the Deputy Secretary of the concerned Department of the respondent-

State to the officers of the respondent No.3, records the said backdrop in

which the ex gratia amount/additional compensation was to be given.

This Court is of the opinion that such ex gratia amount cannot be said to

be compensation settled under section 11 of the Act, for section 30

thereof to be made applicable. The ex gratia amount, which at some

place is also referred to as additional compensation, can certainly not to

be categorized as amount of compensation determined and settled under

section 11 of the Act. Therefore, section 30 of the Act would not apply to

the said ex gratia amount. The Civil Court was certainly within its

jurisdiction to examine as to whether such a reference could be

entertained or not.



KHUNTE
 19/23                                                       WP-1415.21.odt-J



27. The other aspect of the matter is, as to whether the petitioners

could invoke section 30 of the said Act in the year 2017 when the

acquisition was completed, award was pronounced and the compensation

was disbursed to the respondent No.10 in the year 1988 itself. Although

there is no specific period of limitation prescribed in section 30 of the

Act, the Hon'ble Supreme Court in the case of Meher Rusi Dalal v. Union

of India (supra) has held that even if no specific period of limitation is

prescribed, an application under section 30 of the Act must be made

within reasonable time. It is further laid down that what is to be

reasonable time would depend on the facts and circumstances of each

case and in the facts of the said case before the Court, it was held that

reasonable time would be the time as specified in section 18 of the Act.

Applying the aforesaid test of reasonable time, this Court is of the opinion

that for an acquisition, which was completed in the year 1988, the

application moved by the petitioner No.1 in the year 2017 was certainly

not within reasonable time.

28. It is also necessary to refer to the nature of claim raised by the

petitioners. It is contended on their behalf that the subject land was

purchased in 1964, only in the name of their father while the source of

funds was that of their mother. It was claimed that since their mother

KHUNTE 20/23 WP-1415.21.odt-J

died in the year 2015, they could not have any cause of action or reason

to raise any dispute before that and when the said ex gratia amount/

additional compensation amount was to be disbursed, the cause arose for

the petitioner No.1 to apply to the Collector under section 30 of the Act.

Much emphasis was placed on a Will Deed dated 23/09/2013 executed

by the mother of the petitioners, in support of the aforesaid contention.

29. On this basis, the petitioners claim that since they had made

out a semblance of case as regards the cause of action and their

entitlement towards share in the ex gratia amount to be disbursed in the

year 2017, the Civil Court could not have passed the impugned order to

throw out the reference at the outset. The petitioners claim that the

proceeding ought to have travelled its full course and then the Civil Court

could have reached conclusions in the matter.

30. This Court is of the opinion that the Civil Court was certainly

entitled to analyze the material on record for reaching a conclusion as to

whether the reference could be maintained or not. A perusal of the

impugned order shows that the Civil Court found that the amount in

question was not compensation as determined under the provisions of the

Act and the said amount was not available for disbursal pursuant to

KHUNTE 21/23 WP-1415.21.odt-J

award pronounced under section 11 of the said Act. Thus, the Civil Court

applied its mind and found that the petitioners could not raise dispute

under section 30 of the Act as regards the said ex gratia amount. Having

reached the said conclusion, the Civil Court was well within its

jurisdiction to consider whether the reference was at all required to be

proceeded with. Even if the Civil Court was not right in referring to

withdrawal of the reference by the Collector, the impugned order shows

that reference was made to section 11 of the Act and in that backdrop, it

was found that the ex gratia amount could not be said to be an amount in

respect of which a dispute could at all be raised under section 30 of the

Act.

31. The claim made by the petitioners about the manner in which

the cause of action arose for them is too far-fetched and it certainly did

not merit any kind of consideration or determination by the Civil Court

exercising jurisdiction under section 30 of the said Act.

32. Insofar as the judgments on which reliance was placed by the

learned senior counsel for the petitioners, there can be no quarrel with

the proposition that section 30 of the Act does not prescribe limitation as

held by the Hon'ble Supreme Court in the case of Dr. G.H. Grant v. The

KHUNTE 22/23 WP-1415.21.odt-J

State of Bihar (supra). But as noted above, in the judgment in the case of

Meher Rusi Dalal v. Union of India (supra), the Hon'ble Supreme Court

itself has held that application under section 30 of the Act ought to be

moved within reasonable time. As regards the reliance placed on

Sunderlal v. Paramsukhdas and Sharda Devi v. State of Bihar (supra),

section 30 of the Act would be available to the petitioners only if they

could be said to be persons interested in compensation as determined

under section 11 of the Act. The said judgments cannot be of any

assistance to the petitioners in the facts and circumstances of the present

case.

33. In view of the above, this Court is of the opinion that there is

no substance in the contentions raised on behalf of the petitioners. The

Civil Court cannot be said to have committed any error in allowing the

application filed by the respondent No.10 at Exhibit-55 and in dismissing

the reference under section 30 of the Act. Nonetheless, the petitioners

may file civil suit, if so advised, as regards their grievance, as indicated in

judgment of this court in the case of Comunidade of Bambolim v.

Manguesh Betu Kankonkar (supra). If the petitioners choose to file such a

civil suit, it would be decided by the competent civil court in accordance

with law, without being influenced by the observations made herein.



KHUNTE
                       23/23                                                        WP-1415.21.odt-J



34. Accordingly, the writ petition is dismissed. The interim order

dated 22/03/2021 is vacated.

35. Pending application(s), if any, is(are) disposed of.

36. Rule stands discharged. No costs.

JUDGE

Signed By:GHANSHYAM S KHUNTE

Signing Date:07.07.2022 17:18

KHUNTE

 
Download the LatestLaws.com Mobile App
 
 
Latestlaws Newsletter
 

Publish Your Article

 

Campus Ambassador

 

Media Partner

 

Campus Buzz

 

LatestLaws Guest Court Correspondent

LatestLaws Guest Court Correspondent Apply Now!
 

LatestLaws.com presents: Lexidem Offline Internship Program, 2026

 

LatestLaws.com presents 'Lexidem Online Internship, 2026', Apply Now!

 
 

LatestLaws Partner Event : IJJ

 

LatestLaws Partner Event : Smt. Nirmala Devi Bam Memorial International Moot Court Competition

 
 
Latestlaws Newsletter