Laxman Shankar Chavan and Ors v. The State of Maharashtra and Ors

ORDER ORDER

(i) The respondents are directed to treat the land of the petitioner

(i) The respondents are directed to treat the land of the petitioner as a deemed acquisition. It is declared that the petitioner is entitled as a deemed acquisition. It is declared that the petitioner is entitled for disbursement of the compensation for acquisition of her land for disbursement of the compensation for acquisition of her land i.e. Gat No.156, admeasuring 1 H. 12 R. situated at village Vhanur, i.e. Gat No.156, admeasuring 1 H. 12 R. situated at village Vhanur, Tal. Kagal, District-Kolhapur. Tal. Kagal, District-Kolhapur.

(ii) The Respondents/Collector (Land Acquisition) is directed to

(ii) The Respondents/Collector (Land Acquisition) is directed to compute the compensation as payable to the petitioner on the date compute the compensation as payable to the petitioner on the date the possession of the land was taken over i.e. 19 September 1990 the possession of the land was taken over i.e. 19 September 1990 and disburse to the petitioner, the amount of compensation within and disburse to the petitioner, the amount of compensation within a period of four months from today, with all consequential benefits a period of four months from today, with all consequential benefits of solatium, interest and/or all the sums payable under the Land of solatium, interest and/or all the sums payable under the Land Acquisition Act, 1894. Interest to be calculated till the date of Acquisition Act, 1894. Interest to be calculated till the date of actual payment of all the amounts. actual payment of all the amounts.

¶16We have considered the above contentions in the context of We have considered the above contentions in the context of observations in the judgment and order dated 2 May disposing of Writ observations in the judgment and order dated 2 May disposing of Writ Petition No.4987 of 2022. The facts in the said writ petitions were quite Petition No.4987 of 2022. The facts in the said writ petitions were quite different from those in the present petition. There, the Petitioners had different from those in the present petition. There, the Petitioners had voluntarily handed over the possession of their properties and had voluntarily handed over the possession of their properties and had belatedly claimed compensation. In the present case, there is no such belatedly claimed compensation. In the present case, there is no such evidence of the Petitioners voluntarily handing over the possession of evidence of the Petitioners voluntarily handing over the possession of the subject properties. In fact, it is the Petitioners' case that they the subject properties. In fact, it is the Petitioners' case that they continue in possession of the subject properties. Besides, in those cases, continue in possession of the subject properties. Besides, in those cases, there was no error in the award of including the properties which were there was no error in the award of including the properties which were not even the subject matter of acquisition. In the present case, the not even the subject matter of acquisition. In the present case, the affidavits on behalf of the State Government admit that there was no affidavits on behalf of the State Government admit that there was no acquisition of the subject property under Gat No.62. Still this gat acquisition of the subject property under Gat No.62. Still this gat number was erroneously reflected in the impugned award made in number was erroneously reflected in the impugned award made in 1986. Relying on such an award, this subject land was allotted to some 1986. Relying on such an award, this subject land was allotted to some Sayyed 48-WP.4800.2022.(J).docx project-affected persons. Thus, the decision in Writ Petition No.4987 of project-affected persons. Thus, the decision in Writ Petition No.4987 of 2022 would not apply to the peculiar facts of the present case. 2022 would not apply to the peculiar facts of the present case.

¶17Incidentally, the same Coordinate Bench comprising Incidentally, the same Coordinate Bench comprising G. S. G. S. Kulkarni and Somasekhar Sundaresan, JJ., made the order dated 18 Kulkarni and Somasekhar Sundaresan, JJ., made the order dated 18 July 2024 in this petition, in which it was recorded that the Petitioners July 2024 in this petition, in which it was recorded that the Petitioners would be entitled to compensation under the 2013 Act. Therefore, the would be entitled to compensation under the 2013 Act. Therefore, the contentions that the Petitioners should be directed to be paid contentions that the Petitioners should be directed to be paid compensation under the 1894 Act and not the 2013 Act cannot be compensation under the 1894 Act and not the 2013 Act cannot be accepted. This is a case akin to the State taking over the petitioner's accepted. This is a case akin to the State taking over the petitioner's property without the due process of law and even proceeding to allot property without the due process of law and even proceeding to allot the same to some project-affected persons. Therefore, the most the same to some project-affected persons. Therefore, the most equitable solution would be to permit the State to acquire this property equitable solution would be to permit the State to acquire this property by following due process and compensating the petitioners in terms of by following due process and compensating the petitioners in terms of the 2013 Act. This would, in a sense, regularize the State's erroneous the 2013 Act. This would, in a sense, regularize the State's erroneous action and compensate the petitioners for the loss of their property. action and compensate the petitioners for the loss of their property.

¶18Mr. Gaikwad, learned counsel for Respondent No.16, Mr. Gaikwad, learned counsel for Respondent No.16, submitted that Respondent No.16 was a submitted that Respondent No.16 was a bona fide bona fide purchaser for purchaser for valuable consideration. He submitted that the Respondent No.16 valuable consideration. He submitted that the Respondent No.16 purchased the subject property or portion thereof after the authorities purchased the subject property or portion thereof after the authorities permitted such sell by the project affected persons to whom the subject permitted such sell by the project affected persons to whom the subject property was allotted. He submitted that even possession was handed property was allotted. He submitted that even possession was handed over to Respondent No.16. Based on all these, he submitted that while over to Respondent No.16. Based on all these, he submitted that while the Respondent No.16 would have no objections to the State the Respondent No.16 would have no objections to the State Government paying compensation to the Petitioners, no orders for Government paying compensation to the Petitioners, no orders for restitution or restoration should be passed which will affect the interest restitution or restoration should be passed which will affect the interest of Respondent No.16. of Respondent No.16.

¶19From the facts on record and admissions in the affidavits filed From the facts on record and admissions in the affidavits filed on behalf of the State Government, it is apparent that there was no on behalf of the State Government, it is apparent that there was no Sayyed 48-WP.4800.2022.(J).docx acquisition of the subject property under Gat No.62. The reference to acquisition of the subject property under Gat No.62. The reference to this Gat in the impugned award is nothing, but an error. The Petitioners this Gat in the impugned award is nothing, but an error. The Petitioners assert that they continue in possession. They submit that even the assert that they continue in possession. They submit that even the revenue records have been rectified and are now in the Petitioners' revenue records have been rectified and are now in the Petitioners' name. They dispute that Respondent No.16 or any other person is in name. They dispute that Respondent No.16 or any other person is in possession of the subject property. They submit that the possession of the subject property. They submit that the status-quo status-quo order order granted by this Court protects their possession. They submit that even granted by this Court protects their possession. They submit that even the the status-quo status-quo issued by the Civil Court in the proceeding initiated issued by the Civil Court in the proceeding initiated against the Respondent No.16 support that they are in possession. against the Respondent No.16 support that they are in possession.

¶20The Respondent No.16 claims to be in possession of the The Respondent No.16 claims to be in possession of the portion purchased by Respondent No.16. However, there is no material portion purchased by Respondent No.16. However, there is no material produced before this Court in this regard. In any event, once it is produced before this Court in this regard. In any event, once it is conceded that there was no acquisition of the subject property surveyed conceded that there was no acquisition of the subject property surveyed under Gat No.62, we are not sure about the title of Respondent No.16 under Gat No.62, we are not sure about the title of Respondent No.16 qua qua the allegedly purchased subject lands. the allegedly purchased subject lands.

¶21The Respondent-State, cannot, based upon the erroneous The Respondent-State, cannot, based upon the erroneous entry in the impugned award claim any rights in respect of the subject entry in the impugned award claim any rights in respect of the subject property. Such a claim would violate Article 300-A of the Constitution of property. Such a claim would violate Article 300-A of the Constitution of India which provides that no person shall be deprived of his property India which provides that no person shall be deprived of his property save by the authority of law. The right to property may longer be a save by the authority of law. The right to property may longer be a fundamental right but it is now accepted as a constitutional and human fundamental right but it is now accepted as a constitutional and human right. Fair procedure which would involve payment of compensation is right. Fair procedure which would involve payment of compensation is an essential predicate of the right confirmed by Article 300-A. In this an essential predicate of the right confirmed by Article 300-A. In this case, the State, has also not bothered to pay any compensation to the case, the State, has also not bothered to pay any compensation to the Petitioners. Even though, the Petitioners subject property was referred Petitioners. Even though, the Petitioners subject property was referred to in the impugned award and further, the State proceeded to allot the to in the impugned award and further, the State proceeded to allot the Petitioners' subject property to the project affected persons. Petitioners' subject property to the project affected persons. Sayyed 48-WP.4800.2022.(J).docx

¶22Accordingly, the Petitioners have made out a case for the issue Accordingly, the Petitioners have made out a case for the issue of a writ to the State Government to pay them compensation in respect of a writ to the State Government to pay them compensation in respect of the subject land under Gat No.62, measuring approximately 4 Acres, of the subject land under Gat No.62, measuring approximately 4 Acres, under the provisions of the 2013 Act. under the provisions of the 2013 Act.

¶23The Respondent-State and its officials are directed to initiate The Respondent-State and its officials are directed to initiate and conclude acquisition proceedings to acquire the petitioners' and conclude acquisition proceedings to acquire the petitioners' property, compute the compensation amount under the 2013 Act and property, compute the compensation amount under the 2013 Act and pay the same to the Petitioners within one year of uploading this order. pay the same to the Petitioners within one year of uploading this order. The compensation amount must be determined by making an award or The compensation amount must be determined by making an award or a supplementary award. If the Petitioners are aggrieved by the a supplementary award. If the Petitioners are aggrieved by the determination made, they may resort to the remedies provided under determination made, they may resort to the remedies provided under the 2013 Act to seek enhancement, etc. the 2013 Act to seek enhancement, etc.

¶24Mr. Gorwadkar pointed out that the State had paid Mr. Gorwadkar pointed out that the State had paid compensation @ 910 per square meter in respect of the property compensation @ 910 per square meter in respect of the property surveyed under Gat No.101/102, which was the legitimate subject surveyed under Gat No.101/102, which was the legitimate subject matter of the impugned award. Based on this, he submitted that the matter of the impugned award. Based on this, he submitted that the tentative compensation would be at least Rs.1.60 crores as of the date. tentative compensation would be at least Rs.1.60 crores as of the date. This appears reasonable. This appears reasonable.

¶25Accordingly, pending the final determination of the Accordingly, pending the final determination of the compensation, Respondent Nos. 1 to 11 are directed to pay the compensation, Respondent Nos. 1 to 11 are directed to pay the Petitioners Rs.1 crore on account within two months as interim Petitioners Rs.1 crore on account within two months as interim compensation. This amount can then be adjusted from the final compensation. This amount can then be adjusted from the final compensation that will be determined. For this, however, the petitioners compensation that will be determined. For this, however, the petitioners must submit a joint statement regarding their shares to the Special Land must submit a joint statement regarding their shares to the Special Land Acquisition Officer or Deputy Collector at the earliest. If there are Acquisition Officer or Deputy Collector at the earliest. If there are inter inter se se disputes, this amount must be deposited in this Court. On resolution disputes, this amount must be deposited in this Court. On resolution of the disputes, the petitioners can apply for withdrawal of this amount. of the disputes, the petitioners can apply for withdrawal of this amount. Sayyed 48-WP.4800.2022.(J).docx

¶26The Rule is made absolute in the above terms without any The Rule is made absolute in the above terms without any cost order. cost order.

¶27Mr. Mr. Gorwadkar does not press for the Interim Applications, so Gorwadkar does not press for the Interim Applications, so they are disposed of as not pressed. they are disposed of as not pressed.

¶28All 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: 07/05/2025 18:59:02

Sayyed 48-WP.4800.2022.(J).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.4800 OF 2022 WRIT PETITION NO.4800 OF 2022 WITH WITH INTERIM APPLICATION NO.1206 OF 2023 INTERIM APPLICATION NO.1206 OF 2023 WITH WITH INTERIM APPLICATION NO.1205 OF 2023 INTERIM APPLICATION NO.1205 OF 2023 IN IN WRIT PETITION NO.4800 OF 2022 WRIT PETITION NO.4800 OF 2022 1. 1. Laxman Shankar Chavan Laxman Shankar Chavan Age- 80 Yrs. Occu.- Agri. Age- 80 Yrs. Occu.- Agri. R/o.- Kasegaon, Tal.- Pandharpur, R/o.- Kasegaon, Tal.- Pandharpur, District- Solapur District- Solapur 2. 2. Bandu Laxman Chavan Bandu Laxman Chavan Age- 40 Yrs. Occu.- Agri. Age- 40 Yrs. Occu.- Agri. R/o.- Kasegaon, Tal.- Pandharpur, R/o.- Kasegaon, Tal.- Pandharpur, District- Solapur District- Solapur 3. 3. Rama Shankar Chavan Rama Shankar Chavan Age- 78 Yrs. Occu.- Agri. Age- 78 Yrs. Occu.- Agri. R/o.- Kasegaon, Tal.- Pandharpur, R/o.- Kasegaon, Tal.- Pandharpur, District- Solapur District- Solapur 4. 4. Manisha Bandu Chavan Manisha Bandu Chavan Age- 35 Yrs. Occu.- Agri. Age- 35 Yrs. Occu.- Agri. R/o.- Kasegaon, Tal.- Pandharpur, R/o.- Kasegaon, Tal.- Pandharpur, District- Solapur District- Solapur 5. 5. Rukmini Rama Chavan Rukmini Rama Chavan Age- 72 Yrs. Occu.- Agri. Age- 72 Yrs. Occu.- Agri. R/o.- Kasegaon, Tal.- Pandharpur, R/o.- Kasegaon, Tal.- Pandharpur, District- Solapur District- Solapur ...Petitioners/Applicants ...Petitioners/Applicants Versus Versus 1. 1. The State of Maharashtra The State of Maharashtra (Copy to be served upon A.G.P. (Copy to be served upon A.G.P. High Court [A.S], Mumbai) High Court [A.S], Mumbai) 2. 2. Deputy Commissioner, Deputy Commissioner, (Land Acquisition) (Land Acquisition) Pune Division, Pune Pune Division, Pune Land and Acquisition Department, Land and Acquisition Department, 2025:BHC-AS:20925-DB Sayyed 48-WP.4800.2022.(J).docx Main Building, Second Floor, Main Building, Second Floor, Pune Municipal Corporation, Pune Municipal Corporation, Shivajinagar, Pune – 411 005 Shivajinagar, Pune – 411 005 3. 3. District Collector, District Collector, Office – Collector Office Compound, Office – Collector Office Compound, First Floor, Main Building, Siddeshwar First Floor, Main Building, Siddeshwar Peth, Solapur – 413 001 Peth, Solapur – 413 001 4. 4. Addl. Collector cum Deputy Director Addl. Collector cum Deputy Director (Rehabilitation), Solapur (Rehabilitation), Solapur 5. 5. Deputy Collector Cum Special Deputy Collector Cum Special Land Acquisition Officer No.3, Land Acquisition Officer No.3, Solapur Office- Collector Office Solapur Office- Collector Office Compound, Solapur – 413 001 Compound, Solapur – 413 001 6. 6. District Rehabilitation Officer, District Rehabilitation Officer, Rehabilitation Department, Rehabilitation Department, Collector Office Compound, Solapur Collector Office Compound, Solapur 7. 7. Rehabilitation Officer, Pandharpur Rehabilitation Officer, Pandharpur Office – Raigad Bhaven, behind Office – Raigad Bhaven, behind Tahasil Office, Pandharapur Tahasil Office, Pandharapur Dist. - Solapur Dist. - Solapur 8. 8. Sub Divisional Officer, Sub Divisional Officer, Sub Divisional Office, Pandharpur Sub Divisional Office, Pandharpur Dist.- Solapur Dist.- Solapur 9. 9. Tahasildar, Pandharpur Tahasildar, Pandharpur Tahasildar Office, Pandharpur Tahasildar Office, Pandharpur District- Solapur District- Solapur 10. 10. Circle Officer, Kasegaon Circle Officer, Kasegaon Circle Office, Kasegaon Circle Office, Kasegaon Tal.- Pandharpur Tal.- Pandharpur District- Solapur District- Solapur 11. 11. Talathi, Kasegaon Talathi, Kasegaon Talathi Office, Kasegaon, Talathi Office, Kasegaon, Tal.- Pandharpur, District-Solapur Tal.- Pandharpur, District-Solapur 12. 12. Tukaram Ramchandra Shelatkar Tukaram Ramchandra Shelatkar Age-Adult Occu.- Agri. R/o. At Post Age-Adult Occu.- Agri. R/o. At Post Umrad Tal.- Karmala, District Solapur Umrad