Bombay High Court
Tarachand Sambhaji Bawankule And ... vs The State Of Maharashtra, Thr. The ... on 30 January, 2025
Author: Avinash G. Gharote
Bench: Avinash G. Gharote
2025:BHC-NAG:1051-DB
40-WP1041.24-J.odt
1/6
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 1041 OF 2024
1. Tarachand Sambhaji Bawankule,
Aged about 60 years,
Occupation : Agriculturist,
2. Narayan Fuktuji Kamdi,
Aged about 76 years,
Occupation : Agriculturist,
3. Kewalram Kisanji Thengri,
Aged about 66 years,
Occupation : Agriculturist,
4. Vijay Gurumukhdas Nagdive,
Aged about 42 years,
Occupation : Agriculturist,
5. Gangadhar Chintaman Bagmare,
Aged about 52 years,
Occupation : Agriculturist,
6. Dharma Antaram Bagmare,
Aged about 70 years,
Occupation : Agriculturist,
7. Murari Tulshiram Raut,
Aged about 68 years,
Occupation : Agriculturist,
8. Sanjay Wasudeo Kamdi,
Aged about 52 years,
Occupation : Agriculturist,
All R/o. Surbodi, Post Hardoli,
Tah.Bramhapuri, Dist.Chandrapur. ......PETITIONERS.
-VERSUS-
1. The State of Maharashtra,
Through the Collector, Chandrapur,
KHUNTE
40-WP1041.24-J.odt
2/6
District Chandrapur.
2. Sub-Divisional Officer / Special
Land Acquisition Officer, Gondpipri,
Tah. Gondpipri, Dist.Chandrapur.
3. Sub-Divisional Officer / Special
Land Acquisition Officer, ,
Bramhapuri, Tah.Bramhapuri,
Dist.Chandrapur.
4. Special Land Acquisition Officer,
Thermal Power Station No.3,
Chandrapur, Dist.Chandrapur.
5. The Executive Engineer,
Ghodazari Canal Nagbhid Division,
Gosikhurd Colony 9 Chandrapur
Road at post Nagbhid, Dist.Chandrapur.
-----------------------------------------------------------------------------------------
Mrs.S.P.Giratkar, Adv. for the petitioner.
Mr.D.V.Chauhan, GP with Mr.P.P.Pendke, AGP for the respondents-State.
Mr.M.A.Kadu, Adv.for the respondent No.5.
-----------------------------------------------------------------------------------------
CORAM : AVINASH G. GHAROTE &
ABHAY J. MANTRI, JJ.
DATE : 30TH JANUARY, 2025
ORAL JUDGMENT (PER: Avinash G. Gharote, J.)
Heard.
2. Rule. Rule returnable forthwith. The petition is heard finally with
the consent of the learned counsel for the parties.
KHUNTE
40-WP1041.24-J.odt
3. In the instant matter, a grievance is raised regarding the non-
payment of amount of compensation in terms of the award dated
05/07/2013. It is an admitted position, that the petitioners under the
award were entitled to compensation, which has not been paid to them.
Lame reasons have been advanced by the respondents for non-payment
including reasons attributable to the petitioners. However, consequent to
the passing of the orders in this petition, the amount of compensation
payable to the petitioners to the extent of Rs.8,10,704/- has been deposited
in the Reference Court on 26/12/2024. The petitioners, except the
petitioner No.4, who has been held not to be entitled to any compensation,
and except for the petitioner Nos.1, 3 and 6, who have already received the
amount of compensation, therefore, would be entitled to approach the
Reference Court and file an application for withdrawal of the amount,
which shall be granted within a period of one week from the date of its
filing, as the entitlement of these petitioners, to receive the aforesaid
amount is not disputed. However, what remains, to be considered is a claim
of interest upon the amount awarded for its non-payment till date.
4. Mr.Chauhan, learned GP appearing for the respondents-State, upon
instructions, makes a statement, that the cheque for the interest amount,
which has been calculated at Rs.16,69,192/- shall be deposited with the
Reference Court by 07/02/2025. Upon its encashment, this amount shall
also be disbursed to the petitioners, except the petitioner No.4 in proportion
KHUNTE
40-WP1041.24-J.odt
to the amount receivable by them under the award, which shall be done
within a period of one week thereafter.
5. We are however concerned with the fact, that in a number of cases,
in spite of the statutory mandate of Section 31(2) of the Land Acquisition
Act, the amount of compensation is not deposited by the Land Acquisition
Officer with the Reference Court, within a reasonable time, from the date of
possession, or the date of the award, whichever is later, resulting in interest
being liable to be paid on such amounts. At times, the interest on account
of such non-payment, spirals to an amount, which is multiple times the
award itself, which in fact is a loss to the Public Exchequer, as that amount
can be better utilized for something else. As recorded in the order dated
22/01/2022, the Collector, Chandrapur has already issued instructions, for
deposit of the amount with the Reference Court without delay. That
however, does not address the situation, we, therefore, deem it appropriate
to pass the following directions.
(i) In all cases where possession has been taken before the passing of
the award, the amount of compensation, in case it is not received
by the claimants within a period of three months from the date of
the award, for any reason whatsoever, the same shall be then
deposited by the Land Acquisition Officer with the Reference
Court within the next 15 days, i.e. within a period of 45 days
from the date of the award.
(ii) In all cases where the award has been passed, then irrespective
KHUNTE
40-WP1041.24-J.odt
whether there is a dispute raised regarding the entitlement and
apportionment, the Land Acquisition Officer shall within a period
of 45 days of the award under Section 18 or 30 of the Land
Acquisition Act shall ensure deposit of the amount of
compensation with the Reference Court.
(iii) It has also been pointed out by Mr.Chauhan, learned GP for the
respondents, that there have been instances, where the Reference
Court have declined to entertain applications for deposit of the
amount of compensation in the Reference Court or have kept such
applications pending where they have been received. One such
example is in respect of 31 such applications pending before the
Civil Judge, Senior Division, Chandrapur for orders from
16/03/2023. We, therefore, direct all the Reference Courts, upon
receipt of an application of deposit of the compensation amount
from the Land Acquisition Officer to decide the same within a
period of one week from the date of such receipt and to also
ensure, that the deposit is then converted into a fixed deposit
carrying interest, within a week thereafter. This should be done
in respect of all deposits made with the Reference Court by the
Land Acquisition Officer, irrespective of the fact whether a
reference under Section 18 of the Land Acquisition Act is pending
before him or not. The District Judge, in all such cases, shall
ensure timely audit of all such applications received for deposit of
the compensation in the Reference Court and whether orders
have been passed in accordance with these directions.
(iv) We direct, that in case of any default by the Land Acquisition
Officer concerned in doing so, he would make himself liable for
payment of interest for the duration, that deposit is not so made,
KHUNTE
40-WP1041.24-J.odt
which shall then have to be deducted from his salary and pay to
the person entitled.
(v) We also make it clear, that the aforesaid responsibility and
liability of the Land Acquisition Officer would ensue only upon
receipt of the compensation from the acquiring body, which the
acquiring body, would be liable to deposit with the Land
Acquisition Officer within a period of 15 days from the date of
passing of the award, if already not so deposited.
6. A copy of this judgment be circulated to all the learned Principal
District Judges, Collectors, Land Acquisition Officers in the State of
Maharashtra, who in turn would bring it to the knowledge of the Acquiring
Body for compliance.
7. The petition stands disposed of accordingly.
8. Rule is made absolute in the above terms. No costs.
(ABHAY J. MANTRI,J) (AVINASH G. GHAROTE, J)
Signed by: Mr. G.S. Khunte
Designation: PS To Honourable Judge
Date: 04/02/2025 11:07:29
KHUNTE
