Godavari Marathwada Irrigation Dev. Corporation, Aurangabad v. Annabhau Sahebrao Ubale And Others

WPs.7357.2020 and ors.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.7357 OF 2020 Ramprasad Wamanrao Surwase WRIT PETITION NO.7515 OF 2020 Annabhau Sahebrao Ubale and ors.

WRIT PETITION NO.5330 OF 2020 Development Corporation, Aurangabad, Kundlik Daulatrao Talekar and anr.

WRIT PETITION NO.7516 OF 2020 Machindra Pandurang Dubale and ors.

WRIT PETITION NO.7517 OF 2020 Chandrakant Dhondiram WRIT PETITION NO.7518 OF 2020 Sainath Pandurang Talekar, u/g. of Gangubai Pandurang Talekar and ors.

WRIT PETITION NO.7519 OF 2020 Abhiman Shriram Lande and ors.

WRIT PETITION NO.7520 OF 2020 Navnath Ashruba Dubale and ors.

WRIT PETITION NO.7521 OF 2020 Kisan Dnyanoba Kadam and anr.

WRIT PETITION NO.7522 OF 2020 Raosaheb Nagorao Lande WRIT PETITION NO.7523 OF 2020 Harishchandra Apparao Thote, died through L.Rs.

Rohidas Harishchandra Thote WRIT PETITION NO.7524 OF 2020 Ramesh Rangnath Kurund and ors.

WRIT PETITION NO.7525 OF 2020 Ranjit Ramchandra Talekar and ors.

WRIT PETITION NO.7526 OF 2020 Pandit Nagorao Lande WRIT PETITION NO.7527 OF 2020 Vishvanath Dadasaheb Lande

WRIT PETITION NO.7528 OF 2020 Bhagvan Vishvanath Nande, died through L.Rs.

Rameshwar Bhagvan Nande and ors.

WRIT PETITION NO.7529 OF 2020 Sandip Ramprasad Surwase, u/g. of Sunita Ramprasad Surwase WRIT PETITION NO.7530 OF 2020

Sanjivani Mahadev Dubale WRIT PETITION NO.7531 OF 2020 Bankat Mahadev Andil and anr.

WRIT PETITION NO.7532 OF 2020 Kalyan Uttamrao Dubale and ors .

WRIT PETITION NO.7533 OF 2020

Rashid Naser Sayed WRIT PETITION NO.7534 OF 2020 Shalinibai Bhagwatrao Dubale WRIT PETITION NO.7535 OF 2020 Dadarao Sitaram Talekar WRIT PETITION NO.7536 OF 2020

Ganpat Keshav Devkar ---- Mr.S.R.Bhalerao, Advocate for petitioners in all petitions Mr.S.P.Tiwari, Advocate for respondent - State in all petitions Mr.H.V.Tungar, Advocate for respondents (claimants) in Writ Petition Nos.7516, 7517, 7519, 7520, 7521, 7522, 7523, 7524, 7526, 7527, 7528, 7530, 7531, 7532, 7534 and 7536 of 2020 Mr.V.P.Latange, Advocate for respondent no.3 in Writ Petition No.7515 of 2020 Mr.R.G.Hange, Advocate for respondent no.1 Writ Petition No.7529 of 2020 Mr.A.V.Thombre, Advocate for respondent nos.1 and 2 in Writ Petition No.7518 of 2020, 7535 of 2020 and 7525 of 2020 ---- CORAM : R.G. AVACHAT, J.

DATE : JANUARY 29, 2021 FINAL ORDER :- The challenge in all these Writ Petitions is to the awards passed by the Lok Adalat in Land Acquisition References.

2.

The petitioners in all these petitions is acquiring body, which has acquired lands of the respondents/claimants for irrigation project. The respondents/claimants, being

aggrieved by the compensation awarded by the Special Land Acquisition Officers (SLAO), filed Land Acquisition References (LARs) for enhancement of compensation amount. All the LARs under challenge in these Writ Petitions, were placed before the Lok Adalat without following the procedure contemplated under Section 20 of the Legal Services Authority Act, 1987. The petitioners/acquiring body was not ready and willing to compromise the LARs. The awards have been passed in breach of the State Government policy decision dated 03.11.2016. The interest rate awarded was against the dictum of the FullBench judgment of this Court. Memorandums of compromise have been signed by the respondents/claimants, their Advocates, AGPs, Deputy Collector (Land Acquisition) and in some matters, by Sub-Divisional Engineer. As per Section 15 of the Maharashtra Godavari Marathwada Irrigation Development Corporation Act, 1998, the Government authorities are not contesting party and hence, have no active role to enter into the compromise. The concerned SubDivisional Engineer did not have authority to sign the

compromise on behalf of the petitioners/acquiring body, without written permission of the petitioner/acquiring body. In Public Interest Litigation No.63 of 2019, the petitioners had filed its reply and made a statement that it would be filing Writ Petitions challenging the awards passed in the Lok Adalat. Hence, these petitions.

3.

Heard learned Counsel appearing for the parties. 4.

Learned counsel for the petitioners/acquiring body would submit that in view of the order dated 22.11.2019 passed by this Court in Writ Petition Nos.12906 of 2019 (Godavari Marathwada Irrigation Development Corporation, Aurangabad, through Executive Engineer Vs. Ashok Bajirao Ghule and ors.) and other connection petitions, present Writ Petitions need to be given similar treatment. Learned Counsel for the respondents/claimants opposed the prayer.

5.

I have also perused the order dated 27.02.2020 passed by this Court in Writ Petition No.1578 of 2020 (Godavari

Marathwada Irrigation Development Corporation, Aurangabad Vs. Maroti Govind Jadhav and anr.) and a bunch of Writ Petitions.

6.

This Court has no reason to take a different view. Present Writ Petitions are, therefore, partly allowed. The awards impugned in all these Writ Petitions are quashed and set aside. All the LAR proceedings are remitted to the concerned LAR Courts with the following directions :- (A) In cases where the entire decreetal amounts have been deposited, the respondents/claimants, who have not therefrom withdrawn the amounts, would be entitled to withdraw the amount equal to double the amount granted by the SLAO along with statutory interest component.

(B) In cases where the entire decreetal amounts have been deposited by the petitioner before the LAR Courts and if the said amounts have been withdrawn

by the respondents/claimants, such withdrawal shall be subject to the result of the LAR proceedings. (C) In cases where the decreetal amounts have not been deposited before the LAR Courts, the petitioners/acquiring body shall deposit double the amount granted by the SLAO along with mandated interest component, before the LAR Courts, on or before 30.04.2021.

(D) On deposit of the amount, the respondents/ claimants would be permitted to withdraw the amount equal to double the amount granted by the SLAO, along with the statutory interest component by furnishing an undertaking on affidavit that they would return the amount received or part thereof to the LAR Courts within a period of eight weeks from the date of adverse order, if any, is passed by the LAR Court. In case of default, the amounts shall carry interest at the rate of 4% per annum.

(E) The LAR proceedings are expected to be decided within a period of ten months from the date of receipt of copy of this order.

(F) There shall be no bar to place the LAR proceedings before Lok Adalat.

(G) In case the LAR proceedings are placed before the Lok Adalat, the authorities concerned would follow the mandatory procedure before arriving at a settlement.

(H) If the original claimants are no more, their legal representatives are at liberty to come on record of the LAR proceedings.

(I) The Writ Petitions stand disposed of.

[R.G. AVACHAT, J.] KBP