Bombay High Court
Shobha W/O Sharadchandra Malvi vs Ajinkya Real Estate, Partnership ... on 19 September, 2022
Bench: Manish Pitale
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH AT NAGPUR
WRIT PETITION NO. 7987 OF 2019
Shobha W/o Sharadchandra Malvi
Vs.
Ajinkya Real Estate & Ors.
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Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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Mr. Vivek Awchat, Advocate for the Petitioner.
Mr. N.R. Rode, AGP for Respondent Nos.2 & 4.
Ms. Swati Kulkarni, Advocate h/f. Mr. S.Y. Deopujari, Advocate for Respondent
No.3.
CORAM : MANISH PITALE, J.
DATED : 19th SEPTEMBER, 2022.
By this writ petition, the petitioner is aggrieved by
specific conditions imposed in order dated 08.10.2015, passed
by the Special Court designated under MIHAN, Nagpur, in
Land Acquisition Case No.47 of 2006. As per the order dated
08.10.2015, which was passed in a reference under Section 30 of
the Land Acquisition Act, 1894, the said Court allowed the
reference and gave specific directions with regard to
determination of compensation in favour of the first applicant
before the said Court i.e. M/s Ajinkya Real Estate, which is the
respondent No.1 in the present writ petition.
02] While allowing the reference application, in respect
of the applicant No.1 therein i.e. Ajinkya Real Estate
(respondent No.1 herein), the following directions were issued:
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"3] The applicant no.1 undertakes to
distribute the amount of compensation to respective
plot holders. Accordingly he should distribute the
same to plot holders/applicants, with interest if any.
4] The applicant no.1 Ajiyank Real Estate
shall furnish Indemnity Bond to ensure the payment
of plot holders at the time of withdrawal of
compensation amount."
03] It is the case of the petitioner that she is one of the
plot holders and she had purchased a plot bearing No.58
admeasuring 2700 square feet by way of a registered sale-deed
dated 02.03.1996 from the respondent No.1 - Ajinkya Real
Estate. A copy of the registered sale-deed is placed on record
with the writ petition.
04] The petitioner has a grievance that despite the
specific above quoted directions given in the impugned order
passed by the Court below, the respondent No.1 has not taken
necessary steps for distribution of proportionate compensation
to the petitioner. In the present writ petition, the respondent
No.1 has been served by way of paper publication and yet none
has appeared on behalf of the said respondent.
05] In this backdrop, the learned counsel for the
petitioner submits that appropriate direction may be given, so
that the amount of compensation along with interest to which
the petitioner is found to be entitled, is forthwith disbursed to
her. Appropriate directions may be given by this Court, for the
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reason that the petitioner is a senior citizen awaiting payment of
compensation for a long period of time.
06] Mr. Rode, learned AGP has appeared on behalf of
respondent Nos.2 and 4 and he submits that while giving
appropriate directions, this Court may consider directing the
petitioner to let re-deposit the amount that may be disbursed to
her, if in the future any controversy is raised by the respondent
No.1.
07] This Court considered the contents of judgment in
reference, which stood allowed and therefore, all plot holders,
including the petitioner herein were entitled to enhanced
compensation and the responsibility of the same was foisted on
the respondent No.1 i.e. Ajinkya Real Estate. It is in this
backdrop that the above quoted directions were given by the
Court below. It appears that the respondent No.1 has not abided
by the said directions, as a consequence of which, the petitioner
has been constrained to approach this Court by placing reliance
on the registered sale-deed executed by respondent No.1 -
Ajinkya Real Estate in her favour, way back on 02.03.1996. The
aforesaid sale-deed shows that plot No.58 admeasuing 2700
square feet was sold to the petitioner. On the basis of such
material, there ought to be no difficulty for the disbursal of
proportionate compensation to the petitioner.
08] Accordingly, the Court below is directed to disburse
enhanced amount of compensation as granted by the impugned
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order proportionate to the area of plot No.58 i.e. 2700 square
feet in respect of which the petitioner holds a registered sale-
deed executed in her favour by respondent No.1. The
proportionate amount of enhanced compensation to which the
petitioner is found entitled shall be disbursed to her along with
interest, within four weeks from today. It is clarified that upon
such disbursal of amount of compensation to the petitioner as
the plot holder of plot No.58, the respondent No.1 Ajinkya
Real Estate will no-longer be required to abide by the above
quoted directions, insofar as the petitioner is concerned.
09] The writ petition is disposed of.
JUDGE
Vijay
Digitally Signed By:VIJAY KUMAR
Personal Assistant
to Hon'ble JUDGE
Signing Date:20.09.2022 10:40
