Bombay High Court
Sarangdhar S/O. Gopal Ghyar vs Collector, Buldhana And Others on 12 September, 2023
Bench: A.S. Chandurkar, Vrushali V. Joshi
2023:BHC-NAG:13648-DB
WP 2458-23 1 Judgment
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 2458/2023
Sarangdhar S/o Gopal Ghyar, aged about 58 years,
Occ.:-Agriculturist, R/o Dadulgaon,
Tahsil : Jalgaon Jamod, District Buldana. PETITIONER
-VERSUS-
1. Collector, Buldana.
2. Deputy Collector (Land Acquisition) & Land
Acquisition Officer, Buldana, Collectorate, Buldana.
3. Sudhakar S/o Gopal Ghyar, aged about 62 years,
Occ.:- Agriculturist, R/o Dadulgaon,
Tahsil : Jalgaon Jamod, District Buldana. RESPONDENTS
__________________________________________________________________________
Shri H.R. Gadhia, counsel for the petitioner.
Shri A.A. Madiwale, Assistant Government Pleader for the respondent nos.1 and 2.
Shri N.B. Kalwaghe, counsel for the respondent no.3.
CORAM : A. S. CHANDURKAR AND MRS.VRUSHALI V. JOSHI, JJ.
DATE : SEPTEMBER 12, 2023
ORAL JUDGMENT (PER : A.S. CHANDURKAR, J.)
RULE. Rule made returnable forthwith and heard the learned
counsel for the parties.
2. Pursuant to Award dated 26.12.2022, land to the extent of 2
Hectare 35 Ares from Gat No.11, Mouza Dadulgaon, Tahsil Jalgaon
Jamod, District Buldana came to be acquired. The land was standing
in the name of father of the petitioner. He expired on 20.05.2008. The
petitioner claims entitlement to the amount of compensation on the
basis of the registered Will-deed dated 28.11.2007. The respondent
WP 2458-23 2 Judgment
no.3 has however raised an objection to the entitlement of the petitioner.
Such objection has been raised on 19.01.2023. Thereafter on 24.03.2023
further written objection has been raised before the Deputy Collector
and the Land Acquisition Officer. Since the petitioner has not received
the amount of compensation which he claims on the basis of the Will-
deed dated 28.11.2007, this writ petition has been filed.
3. After hearing the learned counsel for the parties, we find that
the respondent no.3 has sought to raise a dispute with regard to
apportionment under Section 76 of the Right to Fair Compensation,
Transparency in Land Acquisition, Rehabilitation and Resettlement Act,
2013 (for short, 'the Act of 2013'). In these circumstances, it is for the
Collector to consider whether a genuine dispute has arisen in the
matter of apportionment and if such dispute has arisen whether it has
to be referred to the Authority under Section 64 of the Act of 2013. In
these facts, the following order would serve the ends of justice:-
(I) The respondent no.2-Deputy Collector (Land Acquisition) and
Land Acquisition Officer, Buldana shall consider the objection
raised by the respondent no.3 on 19.01.2023 as well as
24.03.2023.
(II) To enable consideration of the objection raised by the
respondent no.3 as well as the reply filed by the petitioner, they
are directed to appear before the respondent no.2 on
26.09.2023.
WP 2458-23 3 Judgment
(III) After giving due opportunity of hearing to the concerned parties,
the respondent no.2 shall decide the objection/entitlement
within a period of eight weeks from the date of first appearance
of the parties.
(IV) Needless to state that the party aggrieved would be free to take
recourse to further remedies in accordance with law.
(V) All issues as regards entitlement are kept open.
4. Rule is disposed of in aforesaid terms with no order as to costs.
(MRS. VRUSHALI V. JOSHI, J.) (A.S. CHANDURKAR, J.)
APTE
Signed by: Apte
Designation: PS To Honourable Judge
Date: 13/09/2023 17:41:10
