Bombay High CourtWP/17835/2024rule made absolute

Jaychand Shantilal Surana And ANR v. Barshi Municipal Council Thr Its Chief Executive Officer And ORS

2025-04-24Hon'Ble Shri Justice Jitendra Shantilal Jain , Hon'Ble Shri Justice M.S. Sonak3 pages

2025:BHC-AS:19108-DB Sayyed 29-WP.17835.2024.docx IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.17835 OF 2024 WRIT PETITION NO.17835 OF 2024 Jaychand Shantilal Surana & Anr.

Jaychand Shantilal Surana & Anr.

...Petitioners

Versus

Barshi Municipal Council, Barshi Municipal Council, Through its Chief Executive Officer & Ors.

Through its Chief Executive Officer & Ors.

...Respondents

_____________________________________________________ Mr. A. M. Kulkarni i/b. Mr. Akshay Kulkarni for the Petitioners. Mr. A. M. Kulkarni i/b. Mr. Akshay Kulkarni for the Petitioners. Mr. J. G. Aradwad (Reddy) for Respondent No.1. Mr. J. G. Aradwad (Reddy) for Respondent No.1. Ms. Savina R. Crasto, AGP for Respondent Nos.2 and 3. Ms. Savina R. Crasto, AGP for Respondent Nos.2 and 3. _____________________________________________________ CORAM : M. S. Sonak & Jitendra Jain, JJ.

DATED : 24 April 2025 PC.:- (Per M. S. Sonak, J.) 1.

Heard learned counsel for the parties.

Rule. The Rule is made returnable immediately at the request Rule. The Rule is made returnable immediately at the request of and with the consent of the learned counsel for the parties. of and with the consent of the learned counsel for the parties. 3.

On 2 January 2025, we made the following order:- On 2 January 2025, we made the following order:- "1. Mr Kulkarni, learned counsel appears for the Petitioners and Ms "1. Mr Kulkarni, learned counsel appears for the Petitioners and Ms Raje, learned AGP appears for Respondent Nos.2 and 3. Raje, learned AGP appears for Respondent Nos.2 and 3. 2.

2. Issue notice to the first Respondent, returnable on 6 February 2025. Issue notice to the first Respondent, returnable on 6 February 2025.

3. In addition to the usual mode of service, private service/Hamdast is

3. In addition to the usual mode of service, private service/Hamdast is allowed. The Petitioners must file affidavit of service. allowed. The Petitioners must file affidavit of service.

4. The first Respondent must file and serve an affidavit in response to

4. The first Respondent must file and serve an affidavit in response to this Petition by 30 January 2025. Similarly, even the second and this Petition by 30 January 2025. Similarly, even the second and third Respondents should file an affidavit stating whether they third Respondents should file an affidavit stating whether they have received any proposal for acquisition of the Petitioners' have received any proposal for acquisition of the Petitioners' property from the first Respondent and the steps taken towards property from the first Respondent and the steps taken towards such acquisition.

such acquisition.

5. The Petition alleges that first Respondent constructed a road on the

5. The Petition alleges that first Respondent constructed a road on the Petitioners' property without acquiring the same. Accordingly, the Petitioners' property without acquiring the same. Accordingly, the Petitioners had instituted Writ Petition No.14111 of 2016 seeking Petitioners had instituted Writ Petition No.14111 of 2016 seeking either the restoration of the Petitioners' land or for a direction upon either the restoration of the Petitioners' land or for a direction upon

Sayyed 29-WP.17835.2024.docx the Respondents to acquire the same and pay the Petitioners the Respondents to acquire the same and pay the Petitioners compensation.

compensation.

6. Writ Petition No.14111 of 2016 was disposed of by order dated 29

6. Writ Petition No.14111 of 2016 was disposed of by order dated 29 March 2023. The first Respondent was directed to commence the March 2023. The first Respondent was directed to commence the acquisition proceedings so that the Petitioners obtain compensation acquisition proceedings so that the Petitioners obtain compensation in respect of the acquired land. The Petitioners complain that till in respect of the acquired land. The Petitioners complain that till date there is no acquisition and consequently, no compensation has date there is no acquisition and consequently, no compensation has been paid by any of the Respondents to the Petitioners. been paid by any of the Respondents to the Petitioners.

7. At least prima facie, the authorities cannot take over the Petitioners'

7. At least prima facie, the authorities cannot take over the Petitioners' property and then refused to pay any compensation for all these property and then refused to pay any compensation for all these years. Therefore, all the Respondents must file and serve their years. Therefore, all the Respondents must file and serve their affidavits by 30 January 2025 explaining the status of affidavits by 30 January 2025 explaining the status of compensation.

compensation.

8. The Petitioners are also granted leave to file an additional affidavit

8. The Petitioners are also granted leave to file an additional affidavit indicating tentatively the compensation amount that would become indicating tentatively the compensation amount that would become payable to the Petitioners. The affidavit, if possible, must be backed payable to the Petitioners. The affidavit, if possible, must be backed by some credible material in support of the compensation amount. by some credible material in support of the compensation amount. Such an affidavit should also be filed and served by 30 January Such an affidavit should also be filed and served by 30 January 2025.

2025.

9. List the matter on 6 February 2025."

List the matter on 6 February 2025."

Pursuant to the above order, the Barshi Municipal Council Pursuant to the above order, the Barshi Municipal Council (Respondent No.1) and the State (Respondent No.2) have filed (Respondent No.1) and the State (Respondent No.2) have filed affidavits.

affidavits.

Both affidavits state that proceedings for the acquisition of the Both affidavits state that proceedings for the acquisition of the Petitioners' property have already commenced. Learned counsel for Petitioners' property have already commenced. Learned counsel for Barshi Municipal Council states that 50% of the tentative compensation Barshi Municipal Council states that 50% of the tentative compensation amount Rs. 40,13,212/- has already been deposited by the Council with amount Rs. 40,13,212/- has already been deposited by the Council with the State Government. Learned AGP confirms the receipt of this the State Government. Learned AGP confirms the receipt of this amount.

amount.

Mr. Kulkarni states that the Petitioners have also filed an Mr. Kulkarni states that the Petitioners have also filed an affidavit tentatively indicating the compensation that would become affidavit tentatively indicating the compensation that would become payable to them. He says that this compensation comes to Rs. payable to them. He says that this compensation comes to Rs. 4,52,31,688.3/-. Learned counsel for the Respondents points out that 4,52,31,688.3/-. Learned counsel for the Respondents points out that this determination is exaggerated and excessive. this determination is exaggerated and excessive.

Sayyed 29-WP.17835.2024.docx 7.

At this stage, we are not deciding on the issue of At this stage, we are not deciding on the issue of compensation. The only reason we directed the Petitioners to furnish a compensation. The only reason we directed the Petitioners to furnish a tentative estimate was that, in this case, the Petitioners' property was tentative estimate was that, in this case, the Petitioners' property was taken over taken over prima facie prima facie possession in 2014, and neither acquisition possession in 2014, and neither acquisition proceedings were initiated nor compensation paid to the Petitioners. proceedings were initiated nor compensation paid to the Petitioners. 8.

Now that acquisition proceedings have commenced, we direct Now that acquisition proceedings have commenced, we direct the State Government to complete such acquisition proceedings as the State Government to complete such acquisition proceedings as expeditiously as possible and in any event within six months from today. expeditiously as possible and in any event within six months from today. Such acquisition proceedings should be concluded by making an award Such acquisition proceedings should be concluded by making an award determining the compensation amount. Suppose such a determination determining the compensation amount. Suppose such a determination aggrieves the Petitioners. In that case, it will be open to the Petitioners aggrieves the Petitioners. In that case, it will be open to the Petitioners to seek appropriate remedies as provided under the law, including, for a to seek appropriate remedies as provided under the law, including, for a reference to seek enhancement of compensation. reference to seek enhancement of compensation. 9.

In the peculiar facts of this case, since the possession of the In the peculiar facts of this case, since the possession of the Petitioners' property was taken over Petitioners' property was taken over prima facie prima facie in 2014 and no in 2014 and no compensation has been paid to the Petitioners, we direct that the compensation has been paid to the Petitioners, we direct that the Petitioners be paid Rs. 20 lakhs on or before 15 June 2025. This amount Petitioners be paid Rs. 20 lakhs on or before 15 June 2025. This amount must be adjusted from the total compensation to be determined and must be adjusted from the total compensation to be determined and ultimately found payable to the Petitioners. This payment will abide by ultimately found payable to the Petitioners. This payment will abide by such determination.

such determination.

10.

All contentions of all parties regarding the compensation issue All contentions of all parties regarding the compensation issue are left open.

are left open.

11.

The Rule is made absolute in the above terms without any cost The Rule is made absolute in the above terms without any cost order.

order.

12.

All concerned to act on an authenticated copy of this order. All concerned to act on an authenticated copy of this order. (Jitendra Jain, J.) (M. S. Sonak, J.) Signed by: Sayyed Saeed Ali Designation: PA To Honourable Judge Date: 28/04/2025 17:49:27