Sangita Dinesh Karle And Others v. The Union Of India And Others

1 949 wp 6732-19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 949 WRIT PETITION NO.6732 OF 2019 SANGITA DINESH KARLE AND OTHERS

VERSUS

THE UNION OF INDIA AND OTHERS ...

Advocate for Petitioners : Mr. D. R. Jayabhar ASG for Respondent nos. 1 to 4 : Mr. A. B. Dhongade Advocate for Respondent no.5: Mr. A. P. Bhandari ...

CORAM:

SUNIL P. DESHMUKH & ABHAY AHUJA, JJ.

DATED:

16th FEBRUARY, 2021.

P.C. :

1.

Learned counsel for the petitioners submits that an improper multiplier has been applied while awarding compensation to petitioners' afected land. Although it is agricultural land, multiplier of urban land has been applied. However, learned counsel for the parties fairly refer to that the present situation would be squarely governed by order dated 10.12.2020 in Writ Petition no.389 of 2019.

2.

In view of the same, following order :

(I) Section 10(1) and (2) of the Petroleum and Minerals Pipelines (Acquisition of Right of User in Land) Act, 1962, reads thus :

2 949 wp 6732-19 "10. Compensation :-(1) Where in the exercise of the powers conferred by section 4, section 7 or section 8 by any person, any damage, loss or injury is sustained by any person interested in the land under which the pipeline is proposed to be or is being, or has been laid, the Central Government, the State Government or the corporation, as the case may be, shall be liable to pay compensation to such person for such damage, loss or injury, the amount of which shall be determined by the competent authority in the frst instance.

(2) If the amount of compensation determined by the competent authority under sub-section (1) is not acceptable to either of the parties, the amount of compensation shall, on application by either of the parties to the District Judge within the limits of whose jurisdiction the land or any part thereof is situated, be determined by that District Judge."

(II).

Having regard to the provisions referred to above, we consider it expedient that the petitioners may avail of the remedy as available. All the points are kept open for the parties. (III).

Time consumed in prosecution of the petition may be considered, if it comes to consideration of delay in approaching the district judge.

IV).

Writ petition is accordingly disposed of.

(ABHAY AHUJA, J.) ( SUNIL P. DESHMUKH, J. ) vsm/