Raghunath Dharma Savale And Others v. The State Of Maharashtra And Others
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
BENCH AT AURANGABAD WRIT PETITION NO. 4399 OF 2014 1.
Deoram s/o Gajanan Patil r/o Malpimpri, Taluka Jamner Dist. Jalgaon 2.
Pitamber s/o Sakharam Patil r/o Malpimpri, Taluka Jamner Dist. Jalgaon .. PETITIONERS
VERSUS
1.
The State of Maharashtra Through Principal Secretary Revenue and Forests Department, Mantralaya, Mumbai.
2.
The Collector, Jalgaon Dist. Jalgaon.
3.
The Special land Acquisition Officer Minor Irrigation Works, Jalgaon Dist. Jalgaon.
4.
The Executive Engineer Minor Irrigation Division, Jalgaon, District. Jalgaon 5.
Chief Secretary, State of Maharashtra Mantralaya, Mumbai.
.. RESPONDENTS Mr. V.G. Sakolkar with Mr. A.V. Sakolkar and Mr. H.B. Nandagaule, advocates for petitioners.
Mr. S.S. Tope, GP for the State.
Mr. S.S. Chillarge, advocate for respondent no. 4.
WITH WRIT PETITION NO. 5528 OF 2014 1.
Vithal Manga Nikam Died through LRs Dwarkabai Vithal Nikam Age major, Occ. Agriculture 2.
Shaligram Gangaram Nikam occ. Agriculture.
3.
Rajaram Tukaram Patil Died through LRs.
3/1) Rukhmabai Rajaram Patil age major 3/2) Afrukbai Sanjeev Patil 3/3) Ashabai Muralidhar occ. Agriculture.
4.
Sitaram Ramdas Nikam occ. Agricutlure.
5.
Ramlal Motilal Teli Died through LRs Jivan Ramlal Teli occ. Agriculture.
6.
Ramabai Bhimrao Nikam 7.
Tulshiram Atmaram (Asaram) Patil 8.
Pandit Shenphadu Patil
9.
Baburao Shenphadu patil 10.
Bananbai Krushna Medhe Died through LRs 10/1) Gangubai Tanaji Nawagire occ. Agriculture.
10/2) Sunil Trimbak Medhe age major occ. Agricutlure.
11.
Pundlik Dagdu Patil 12.
Awalibai Rashid Tadvi Kautik Shenphadu Patil Died thorugh LRs Sambhaji Kautik Patil Age major, 14.
Samadhan Sayaji Gaikwad 15.
Bhagwat Keshav Patil All r/o Bilwadi Tq. Jamner, Dist. Jalgaon.
.. PETITIONERS
VERSUS
1.
The State of Maharashtra Through Principal Secretary, Revenue and Forests Department, Mantralaya, Mumbai.
2.
The Collector, Jalgaon District Jalgaon.
3.
The Special land Acquisition Officer, Minor Irrigation Works, Jalgaon, Dist. Jalgaon.
4.
The Executive Engineer, Minor Irrigation Works Jalgaon, Dist. Jalgaon 5.
Chief Secretary, State of Maharashtra, Mantralaya, Mumbai.
.. RESPONDENTS Mr. V.G. Sakolkar with Mr. A.V. Sakolkar and Mr. H.B. Nandagaule, advocates for petitioners.
Mr. S.S. Tope, GP for the State.
Mr. S.S. Chillarge, advocate for respondent no. 4. WITH WRIT PETITION NO. 8567 OF 2014 1.
Raghunath s/o Dharma Savale 2.
Sadashiv s/o Dharma Savale age major 3.
Nagindas s/o Bhadu Kavalkar age major occ. Agricultural 4.
Lilachand s/o Sadashiv Savle 5.
Shamrao Deepa Dhangar 6.
Madhukar Deepa Dhangar
7.
Pramod s/o Shankar Namayate 8.
Pandurang s/o Shankar Namayate 9.
Ahilyabai Gambhir Dhangar 10.
Shankar s/o Motiram Patil 11.
Laxman s/o Keshav Koli 12.
Devidas s/o Sampat Borse 13.
Chndrabhaga Ramdas Thakane 14.
Savita Ramdas Thakane 15.
Thagabai Barku Dhangar 16.
Kadhu Bhadu Gadhe died through LRs Marabai Kadhu Gadhe 17.
Anndibai Dhanu Jumale 18.
Giridhar Zapu Dhangar
19.
Vasant Shamrao Kachare 20.
Shamrao Hiraman Dhangar 21.
Muralidhar Shamrao Dhangar 22.
Shankar Pavaji Dhakane Died through LRs Fakira Shankar Dhakane 23.
Nathu Dipa Dhanagar 24.
Dnyaneshwar Bhivsan Borse 25.
Baburao Ukhardu Sapakale 26.
Daulat Ramu Dhangar 27.
Raghunath Sitaram Borse Died through LRs Sanju Raghunath Borse 28.
Ramesh Baburao Borse 29.
Ramdas Dongar Thakane
30.
Tukaram Devram Thakane 31.
Pundalik Sitaram Kachre 32.
Raghunath Sitaram Borse Died through LRs Sanju Raghunath Borse 33.
Raghunath Sitaram Borse 34.
Udhan Manga Savale Died through LRs Vikas Udhan Savale 35.
Suklal Manga Savale 36.
Vikas Udhan Savale 37.
Vishnu hari Borse Died through LRs Santosh Vishnu Borse 38.
Santosh Dhanu Savale 39.
Bhagwan Dhanu Savale 40.
Bhagwan Lahu Savale
41.
Punjaji Ganpat Kavalkar 42.
Anandibai Kadu Jumale 43.
Vishwanath Kisan Kumbhar Died through LRs Shantabi Vishwanath Kumbhar 44.
Prakash Chavadas Dhakane 45.
Nagindas Chavadas Dhakane 46.
Daulat Soma Kachare age major.
47.
Shrawan Laxman Dhangar died through LRs Bhagwan Laxman Dhanagar Died through LRs Shushilabai bhagwan Dhanagar Died through LRs Kailas Bhagwan Dhanagar 48.
Mukunda Sitaram Dhangar 49.
Shalikram Deochand Sapkale 50.
Nandakishor Shantaram Patil 51.
Baburao Mitharam Dhangar (Borase) Died through LRs Damodhar Baburao Borase
& others 52.
Lilachand Bhivsan Borase 53.
Chavdas Jayram Thakane Died through LRs & Sp/M Muktabai Chavdas Thakane 54.
Soma Sitaram Kachare 55.
Gajanan Lilachand Patil 56.
Shankar Supdu Namayate died through LRs & Sp/M Arun Shankar Namayate All r/o Patondi, Taluka Raver Dist. Jalgaon.
.. PETITIONERS
VERSUS
1.
The State of Maharashtra Through Principal Secretary Revenue and Forests Department Mantralaya, Mumbai.
2.
The Collector, Jalgaon District Jalgaon.
3.
The Special Land Acquisition Officer Upper Tapi Project (Hatnoor) Jalgaon dist. Jalgaon.
4.
The Executive Engineer Hatnnor Project Division, Jalgaon, Dist. Jalgaon.
.. RESPONDENTS
Mr. V.G. Sakolkar with Mr. A.V. Sakolkar and Mr. H.B. Nandagaule, advocates for petitioners.
Mr. S.S. Tope, GP for the State.
Mr. S.S. Chillarge, advocate for respondent no. 4. WITH WRIT PETITION NO. 8568 OF 2014 1.
Nimba Bhila Patil age major 2.
Babulal Uma Jagtap age major 3.
Subhash Govinda Dhangar age major 4.
Bhagwan Dhana Patil age major 5.
Abhiman Supdu Patil age major 6.
Bhagwan Govinda dhangar age major 7.
Narayan Totaram patil age major 8.
Rajendra bhagwan Patil age major 9.
Nimbabai Ananda Patil age major All r/o Deoli Bhoras Tq. Chalisgaon, Dist. Jalgaon.
.. PETITIONERS
VERSUS
1, The State of Maharashtra Through Principal Secretary Revenue and Forests Department Mantralaya, Mumbai.
2.
The Collector, Jalgaon Dist. Jalgaon.
3.
The Special Land Acquisition Officer Minor Irrigation Works, Jalgaon dist. Jalgaon.
4.
The Executive Engineer Minor Irrigation Works, Jalgaon, Dist. Jalgaon.
.. RESPONDENTS Mr. V.G. Sakolkar with Mr. A.V. Sakolkar and Mr. H.B. Nandagaule, advocates for petitioners.
Mr. S.S. Tope, GP for the State.
Mr. S.S. Chillarge, advocate for respondent no. 4. ===== CORAM : R.M. BORDE & P. R. BORA, JJ.
DATE : 2nd FEBRUARY, 2015.
ORAL JUDGMENT : ( PER R. M. BORDE, J. ) 1.
Heard.
2.
Rule. Rule made returnable forthwith. With the consent of the parties, petitions are taken up for final disposal at admission stage. 3.
Petitioners are requesting for issuance of direction to respondents to make payment of amount of compensation determined in the Maha Lok Adalat held on 16.09.2012 at Jalgaon, together with interest accrued on the
amount of compensation. The contention of petitioners is that inspite of arriving at settlement before Lok Adalat and inspite of tendering solemn assurance to pay the amount of compensation within stipulated period, inaction on the part of the State Government has driven the litigants again to approach this Court claiming the amount which is legally due to them. 4.
Taking note of the fact that solemn undertakings given before Lok Adalat are not observed by the State Government and its instrumentalities and the agriculturists are required to approach the court again and again and to continue with the litigation for years together, this Court called upon the Chief Secretary of the State to place before the Court details in respect of settlement of matters relating to acquisition of land in Lok Adalat in the State of Maharashtra wherein inspite of arriving at settlement compensation has not been paid. It is also observed by us in the order passed on 02.09.2014 that the directives issued by the Government in Resolution dated 13.01.2011 in respect of disbursement of amount of compensation determined on the basis of settlement reached before Lok Adalat are not being adhered to.
Government decision dated 13.01.2011 prescribing time frame for disbursement of amount of compensation in respect of matters settled before Lok Adalat itself is taken in pursuance to the directions issued by Division Bench of this Court. It is also observed by us that it is a sad feature that the State authorities and instrumentalities of the State are observing directions issued by the State Government under Resolution dated 13.01.2011 in breach.
to honour the awards declared by Lok Nyayalaya has an adverse impact on Lok Adalat movement, which is a methodology of alternate dispute resolution.
5.
In pursuance to directives issued on 02.09.2014, the Chief Secretary of the State has presented affidavit-in-reply on 10.11.2014. The State Government has placed on record details in respect of the matters relating to settlement of matters in Lok Nyayalaya in the State of Maharashtra wherein inspite of arriving at settlement the amount of compensation has not been paid till today. It is also undertaken by the Chief Secretary on behalf of the State Government that compensation amount would be paid within the time frame prepared by the Government departmentwise mentioned in annexure C to the reply. It is also assured by the Chief Secretary on behalf of the Government that in future proper care would be taken for making payment of amount of compensation determined on the basis of settlement arrived at in Lok Nyayalaya. Affidavit tendered on behalf of the Government is accepted.
6.
It appears that total 2037 matters relating to payment of compensation have been settled before Lok Adalat wherein amount of compensation has not been paid and the amount payable to the agriculturists by the State Government is to the tune of Rs. 60,72,04,698/-. It is informed that so far as matters relating to acquisition of lands for Water Resource Department are concerned, since the amount of compensation payable is more than Rs. 55,00,00,000/-, it is assured, disbursement of
amount would be made within a period of six months. It is further undertaken that in respect of amount of compensation concerning acquisition for and on behalf of Water Conservation Department, Urban Development Department and Employment Guarantee Department, the amount of compensation would be paid by the end of December 2014. It is further undertaken that in respect of matters wherein lands have been acquired for and on behalf of Public Works Department and wherein award pursuance to settlement has been passed and compensation has not been paid, the amount would be disbursed by the end of January 2015. 7.
We accept the undertaking given on behalf of the State Government and direct the State authorities to pay the amount of compensation in adherence to the undertaking given in affidavit-in-reply. It is expected of the State Government to pay the amount of compensation together with interest and other benefits due and receivable by the claimants and in consonance with the settlement arrived at before Lok Adalat and, there should not be any room left for making any grievance further. Rule made absolute accordingly. In the facts and circumstances of the case, there shall be no order as to costs.
( P. R. BORA ) ( R. M. BORDE ) JUDGE JUDGE dyb