Bombay High Court
Baban Bansi Godse Through Its ... vs The State Of Maharashtra Through Office ... on 2 September, 2024
Author: Ravindra V. Ghuge
Bench: Ravindra V. Ghuge
2024:BHC-AUG:20695-DB
J-WP4004-24
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO. 4004 OF 2024
Baban Bansi Godse ... Petitioner
Aged 60 years, R/o Village Chas, Tq. Akole,
Dist. Ahmednagar
Through its Constituted Attorney
Mr. Pravin Bansilal Bhoi
VERSUS
1. The State of Maharashtra,
2. The Special Land Acquisition Officer No.17 ... Respondents
District Ahmednagar
3. The District Collector Ahmednagar,
PWD, Behind Govt. Rest House,
Sawli Housing Society, Anand Nagar (E)
Ahmednagar- 415 003
Mr. Pradnyat Chabukswar a/w Ms. Shweta Rathod i/by Elixir Legal
Services
Mrs. V. N. Patil-Jadhav, AGP for Respondents/State
CORAM : RAVINDRA V. GHUGE, &
Y. G. KHOBRAGADE, JJ.
DATE : 02.09.2024
JUDGMENT (Per: Y. G. Khobragade, J.)
1. Rule. Rule made returnable forthwith. With the consent of both
the sides, the matter is heard finally at the stage of admission.
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2. Heard Mr. Pradnyat Chabukswar a/w Ms. Sweta Rathod i/b Elixir
Legal Services for the Petitioner, Mrs. V. N. Patil- Jadhav, the learned
AGP for the Respondents/State.
3. By the present Petition under Article 226 and 227 of the
Constitution of India, the Petitioner prayed for issuance of a Writ of
Mandamus directing the Respondents, jointly or severally, to pay
compensation as per the Right to Fair Compensation and Transparency
in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for
short' the Act, 2013') for acquisition of his land for percolation tank
bearing New Survey Nos. 43/4 and 43/6 (old Survey Nos. 43/2+3B
and 43/5 situated at village Chas, Taluka Akola, Distt. Ahmednagar. In
the alternative, the Petitioner prayed for appointment of Surveyor to
conduct the survey of the aforesaid land to determine how much area of
the land has been acquired for the percolation tank.
4. The learned Counsel for the Petitioner canvasses that, on 25 th
June, 1972, the Petitioner's father purchased the land bearing New
Survey Nos. 43/4 and 43/6 (old Survey Nos. 43/2) from the original
owner Shri Babu Navji Shelke. The Petitioner's father died on 7 th
December,1980. Respondent No. 2 acquired both Survey Nos. 43/2 and
3-B as well as Survey No. 43/5 for the construction of percolation tank.
Since the Petitioner is one of the legal heir, his name was mutated with
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revenue record vide Mutation Entry No. 1659 along with his two sisters.
On 19.12.1980, a Notification under Section 4 of the Land Acquisition
Act, 1894 was issued and the Special Land Acquisition Officer passed an
Award on 22.09.1986 in respect of the acquired land. However, the
Petitioner received the compensation only in respect of 20 Gunthas in
respect of land bearing old Survey No. 34/2 and 3 B, though entire land
of the Petitioner has been acquired.
5. It is further canvassed that, the Revenue Authority carried
Mutation Entry No. 3014 on 19.06.2004 and given new Numbers 43/4
to Old Survey Nos. 43/2 and 3B, whereas new Survey No. 43/6 given to
old Survey No. 43/5. On 20.12.2014, the Petitioner's mother and sister
relinquished their rights in favour of the Petitioner in respect of Survey
No. 43/6. Though, the Respondents have acquired the entire Survey
Nos. 43/4 and 45/6 for percolation tank, but the Respondents have paid
compensation for only 20 Gunthas land out of Survey No. 43/4 and no
compensation has been paid in respect of 42 Gunthas land. Therefore,
the Petitioner submitted an application with the Sub-Divisional Officer
on 27.04.2022 with a request for payment of compensation, however,
no compensation has been paid.
6. Per contra, Mr. Shailesh Shaligram Hinge, the Sub-
Divisional Officer Sangamner filed reply affidavit and strongly resisted
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claim of the Petitioner. The learned AGP canvassed in vehemence that,
as per Notification under Section 4 of the Land Acquisition Act, 1894,
0.25 H.R. land from Survey No. 43/2, has been acquired. The Notice
under Section 9 (1 and 2) was published in village Chavdi, so also,
notice under Section (3) and (4) of the said Act, duly served upon the
Petitioner. However, the Petitioner did not raise objection. Ultimately, on
22.09.1986, the Special Land Acquisition Officer passed an award and
determined compensation in respect of 25 R from Old Survey No. 43/2
and paid the same to the Petitioner. But no notification was published
under Section 4 of the Act in respect of Land Survey No. 43/5(old) and
no such land has been acquired, therefore, the Petitioner is not entitled
for the compensation, hence, prayed for dismissal of the Petition.
7. Having regard the submissions canvased on behalf of both
sides, we have gone through the Petition paper book. It is apparent from
record that, on 19.12.1980, a Notification under Section 4 of the Land
Acquisition Act,1894 was published for acquisition of land ad-
measuring 0.25 H.R. from Survey No. Survey No. 43/2. It is an
undisputed fact that on 22.09.1986, the Special Land Acquisition
Officer passed an award and determined the compensation in respect of
25 R land from Old Survey No. 43/2 and paid to the Petitioner. The
Petitioner himself admitted about receipt of compensation for
acquisition of land form Old Survey No. 43/2. Though the Petitioner
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contended that, the Respondents have acquired land Old Survey No.
43/5 (New Survey No. 43/6), however, the Respondents specifically
denied about acquisition of Old Survey No. 43/5 (New Survey No.
43/6). The petitioner fails to bring substantial material on record to
show that, the Respondents have acquired the land from old Survey No.
43/5 (New Survey No. 43/6), therefore, we are not inclined entertain
present Petition.
8. In view of above discussion, this Writ Petition is dismissed.
Rule is accordingly discharged.
( Y. G. KHOBRAGADE, J. ) ( RAVINDRA V. GHUGE, J. )
JPChavan
