Babaso Rangrao Patil and Ors v. The Competent Authority Dy Collector Land Acquisition and Ors

Judgment Date Shiye From 15.02.2022 to 08.03.2022

09.03.2022

11.03.2022 Bhuye From 15.02.2022 to 08.03.2022

09.03.2022

11.03.2022 Bhuyewadi From 15.02.2022 to 08.03.2022

09.03.2022

11.03.2022 The competent authority (CALA) has rejected the objections. Hereto annexed and marked as Exhibit - "E" is the copies of replies."

¶13It is therefore urged that the petitions should not be entertained at the behest of these handful of Petitioners. It is submitted that since 3-D notifications have been issued, the lands 14 wp 1331-22 wt 1535-22.doc proposed to be taken/already taken, have vested in the Central Government and therefore, no restraint order should be passed.

¶14We have carefully considered the submission of both the sides and perused record.

¶15Perusal of the affidavits in reply filed by the National Highways Authority coupled with submissions made on its behalf indicates that, the sum and substance of its contention is that present alignment of National Highway is finalised after due consultation with representatives of the land loosers and after minuting the decisions. Its case is that the present alignment is duly considered by Highways Authority and it is based on expert advise of the Project Consultant, considering various technical, financial and other aspects. It is obvious that the proposed work of National Highway affecting the Petitioners, is being constructed in the larger interest of public at large and it is for greater public good of infrastructure development. Respondent No.2 National Highways Authority has placed on record communications as stated above which indicate that the construction at the proposed alignment of the National Highway is being carried out after considering various minutes of meetings which have taken place with the local villagers and their representatives and after taking due approvals from the authorities. But Petitioners insist that they were not heard before deciding their objections. There are hundreds of lands included in the impugned 15 wp 1331-22 wt 1535-22.doc notifications out of which handful of Petitioners are opposing whole process.

¶16From the aforesaid narration, it is overwhelmingly clear that these petitions are full of disputed questions of facts, which cannot be adjudicated Petitioner wise, in the writ jurisdiction of this Court under the Article 226 of the Constitution of India; this is not a civil suit. What is also clear is that these petitions are a desperate attempt by a handful of villagers who are not happy with the final decision taken after various meetings with their own representatives (Hon'ble Ministers etc). A bare perusal of the prayers shows that these Petitioners wish to block the construction of a public project of National Highway.

¶17The writ jurisdiction of this Court hearing challenge to land acquisition is not akin to appeal. This is not a case where no notice is given or where the award is vitiated by mala-fides, perversity or fraud. This is not even the case alleged. The case of the Petitioners as propounded, is not clearly emerging from the available record. It is an admitted position that lands in different notifications issued under Section 3-A of the said Act are different. It is clear from assertions in the reply affidavit paragraph 10 that the Award has already been declared under Section 3-G of the said Act for 15 villages. The Project Director of the National Highways Authority of India, in his affidavit-in-Reply has taken a clear stand that as per the 16 wp 1331-22 wt 1535-22.doc project consultant, given the technical constraints in the present case, it is not possible to change the alignment, meaning thereby that avoiding the Petitioners' lands is not possible. There is no reason to disbelieve the stand taken by the Project Director based on the opinion of the project consultant.

¶18Perusal of various notifications in local newspapers as discussed above shows that due procedure is followed of declaration of intention of acquisition under Section 3-A, calling for objection and decision thereon under Section 3-C and declaration of vesting under Section 3-D of the said Act. For our satisfaction, we have perused following notifications viz. notifications dated 6 December 2021 published in daily 'Pudhari' on 22 December 2021, notification dated 25 March 2022 published on 16 June 2022 in daily 'Lokmat' and notification dated 2 September 2022 published in daily 'Lokmat' on 19 September 2022. They all are issued under Section 3-D of the said Act. For all these 3-D notifications there are corresponding 3-A notifications. The said 3-D notifications specifically state that objections received by the Authorities have been considered and disallowed/rejected and lands vest in Government.

¶19In such circumstances, we do not deem it appropriate to hold up the construction of a National highway which is a public project. It is settled position of law that the acquisitions under various Acts 17 wp 1331-22 wt 1535-22.doc including the said Act are compulsory by the operation of Law. There is no flagrant deviation from the procedure of law or mala fides seen and therefore, impugned land acquisition proceedings can not be interfered with.

¶20In that view of the matter, there is no merit in the petitions and therefore the petitions and pending interim applications are dismissed. No order as to costs.

¶21However, we direct that the Respondent/Authorities shall disburse the amounts under the Award/s to the Petitioners subject to due verification of their entitlement and further subject to statutory arbitration etc. as expeditiously as possible.

¶22At this stage, the learned counsel for the Petitioners seeks extension of the ad-interim order, which is opposed by the learned counsel for the Respondent/National Highways Authority. Considering the reasoning given in the Judgment, we are not inclined to grant extension of time which will not only affect the public project, but will also escalate the cost. Even otherwise, the learned counsel for the Respondent/National Highways Authority states that the procedure to be followed now is that the intimation will be given to the Petitioners to hand over the possession to the Respondent. We expect the intimation would entail the time period 18 wp 1331-22 wt 1535-22.doc of 10 to 15 days. That would be sufficient protection to the Petitioners. (M.M. SATHAYE, J.) (NITIN JAMDAR, J.)

1 wp 1331-22 wt 1535-22.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1331 OF 2022 Babaso Rangrao Patil And Ors ....Petitioners V/S The Competent Authority Dy Collector Land Acquisition, Kolhapur And Ors ....Respondents WITH WRIT PETITION NO. 1535 OF 2022 Manik Baburao Shinde And Ors .… Petitioners V/S The Competent Authority Dy. Collector (land Acquisition), Kolhapur And Ors. ....Respondents WITH INTERIM APPLICATION NO. 3996 OF 2023 WITH INTERIM APPLICATION NO. 30359 OF 2022 WITH INTERIM APPLICATION NO. 16671 OF 2022 IN WRIT PETITION 1331 OF 2022 Tejaswini Rajendra Patil .. Applicant In the matter between: Babaso Rangrao Patil And Ors ....Petitioners V/S The Competent Authority Dy Collector (Land Acquisition), Kolhapur And Ors ....Respondents **** Mr. Surel Shah i/b Mr. Rahul Kasbekar for the Petitioners in both petitions. SNEHA NITIN CHAVAN by SNEHA NITIN CHAVAN Date: 2024.04.12 18:23:25 +0530 2 wp 1331-22 wt 1535-22.doc Mr. Anil Singh, Senior Advocate with Mr. Rakesh Singh a/w Ms. Heena Shaikh, Mr. Adarsh Vyas and Ms. Ruchita Verma i/b M.V. Kini& Co. for the Respondent No.2 Ms. Nisha Mehra, AGP for the State-Respondent **** CORAM : NITIN JAMDAR AND M.M. SATHAYE, JJ. DATE : 5 APRIL 2024 Judgment (Per M. M. Sathaye J.) : . Heard Mr. Shah, learned counsel for the Petitioners, Ms. Mehra, learned AGP for the State and Mr. Singh, learned Senior Advocate for Respondent No.2/National Highways Authority of India. 2. Writ Petition No. 1331 of 2022 is filed seeking direction to Respondent/Authorities (Competent Authority/ Deputy Collector, Land Acquisition No.6, Kolhapur and National Highways Authority of India) not to disturb possession of the Petitioners, 58 in number, over the subject matter lands, challenging the notifications dated 7 December 2020, 25 March 2022, declaration that Respondent No.1 Competent Authority has not followed the procedure under Section 3-C of the National Highways Act, 1956 ('the said Act' for short) by not affording personal hearing to the Petitioners, challenging the consequential notifications under Section 3-D of the said Act, alternatively seeking direction to the Respondents to widen existing 3 wp 1331-22 wt 1535-22.doc State Highway (SH-194) instead of acquiring parallel lands of the Petitioners for the purpose of constructing National Highway No. 166. 3. Writ Petition No. 1535 of 2022 is filed by the Petitioners, 74 in number, challenging the impugned notification dated 6 December 2021, declaration that Respondent No.1 Competent Authority has not followed procedure under Section 3-C of the said Act by not affording personal hearing to the Petitioners and therefore, also challenging consequential notification under Section 3-D of the said Act, seeking direction to Respondents to scrupulously follow the process of law under Sections 3-A to 3-D of the said Act. The Petitioners in this petition, by way of amendment have again prayed for same reliefs in respect of notification of the same dated 6 December 2021 issued in respect of another set of lands and seeking identical declaration that in respect of this notification, the Respondent No.1 Competent Authority has not followed procedure under Section 3-C of the said Act, by not affording personal hearing to the Petitioner and subsequently challenging the consequential notification under Section 3-D of the said Act. 4. Interim Application No. 30359 of 2022 is filed by only Petitioner No. 2 - Tejaswini Rajendra Patil, praying to amend Writ Petition No. 1331 of 2022, in view of 3-D notification dated 2 September 2022 and placing on record its copy along with copy of 4 wp 1331-22 wt 1535-22.doc objection raised by one of the affected persons, contending that for the sake of convenience only one copy is annexed for the reference of the Court. 5. Interim Application No. 3996 of 2023 is filed by same Petitioner No.2 in WP No. 1331 of 2022 praying for following reliefs. "A) The present Interim Application may kind