Kamalnath Krishnarao Waghdhare And Another v. Dy. Collector, Land Acquisition (Gen.), Nagpur Spl. L. A. Officer (Gen) And Competent Auth. And ANR

1/3 4

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR Writ Petition No.5048/2021 Smt. Nirmala V Deputy Collector, Land Acquisition (General), Nagpur and another Writ Petition No.1470/2022 Kamalnath and another V Deputy Collector, Land Acquisition (General), Nagpur another Writ Petition No.1456/2022 Kailashnath V Deputy Collector, Land Acquisition (General), Nagpur ************************************************************************************ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

************************************************************************************ Mr. R.D. Bhuibhar, Advocate for the petitioners. Mr. S.P. Dharmadhikari, Sr. Counsel a/b Mr. A.A. Kathane, Advocate for respondent 2.

Mr. S.M. Ukey, Addl.GP for respondent 1.

CORAM : Rohit B. Deo and M.W. Chandwani, JJ. DATE : 20-07-2023 Heard.

2.

The learned Counsel for the petitioners states on the basis of instructions received, that the prayer clause (i)- "(i) issue an appropriate writ, order or direction to quash and set aside the impugned order dated 06.09.2021 (Annexure-N) under Section 3G(1) of the Act of 1956 passed by the Respondent, i.e. Deputy Collector, Special Land Acquisition Officer (General), Nagpur (Maharashtra) in Case No.33/A-65/2019-20, to the extent of the acquired parcel of the land belonging to the Petitioner;"

is not pressed since the grievance can be agitated in arbitration proceedings under Section 3G(5) of the National Highways Act, 1956.

2/3 4 3.

The ancillary and peripheral prayers are also not pressed, save and except that the petitioners are questioning the logic of the condition incorporated in the notice dated 09-12-2021 (Annexure-R) which directs the petitioners to obtain and submit the no objection from Mr. Vijay Bhagwan Shendurkar, Mr Sanjay Baliram Meshram, Shashikala Govindlal Mohta, Mr. Dharamdas Mangluji Bhivgade, Kishor Laxmanraoji Panjare, Vinayak Krishnarao Waghdhare, Kailashnath Krishnarao Waghdhare, Nirmala Kailashnath Waghdhare, Mr. Kailashnath Krishnarao Waghdhare and Dharamdas Mangluji Bhivgade, which names incidentally includes the names of the petitioners also.

4.

Mr. Bhuibhar, learned Counsel points out that the persons from whom the petitioners are asked to seek no objection have nothing to do with the land acquired and as a fact their names are not even reflected in the award which is passed.

5.

The learned Additional Government Pleader Mr. Ukey states that presumably no objection is sought since the revenue record is not corrected and when the 3-D Notification was issued, the entire land was recorded in single 7/12 extract which probably includes the names of all the land owners. 6.

Be that as it may, now that the award is passed, and it is not even the case of the respondents that there are some owners other than the petitioners in whose favour the award is passed, we do not see any rationale in the condition

3/3 4 imposed.

7.

We therefore direct that the petitioners shall not be required to submit the no objection from the persons who are not referred to in the award.

8.

Subject to the direction supra, all the petitions are disposed of, leaving all the contentions open for the petitioners to agitate in the arbitration proceedings.

JUDGE JUDGE Deshmukh SANDEEP CHANDRASHEKHAR DESHMUKH Date: 2023.07.24 18:05:42 +0530 SANDEEP CHANDRASHEKHAR DESHMUKH