Bombay High Court
Rizwana Begum Sharif Pathan And Others vs The Union Of India And Others on 20 September, 2017
Author: R.M. Borde
Bench: R.M. Borde, Vibha Kankanwadi
(Judgment) (1) W.P. No. 11504 of 2017
IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
AURANGABAD BENCH, AT AURANGABAD.
Writ Petition No. 11504 of 2017
District : Beed
1. Rizwana Begum w/o. Sharif Pathan,
Age : 46 years,
Occupation : Household,
R/o. Chun Galli, Beed,
Taluka & District Beed.
2. Abdul Rauf s/o. Abdul Gani,
Age : 45 years,
Occupation : Labour,
R/o. Bhaldarpura, Beed,
Taluka & District Beed.
3. Abdul Hamid s/o. Abdul Gani,
Age : 43 years,
Occupation : Labour,
R/o. Knodawa, Pune,
Taluka & District Pune.
4. Farjana w/o. Miskin Shaikh,
Age : 42 years,
Occupation : Household,
R/o. Neknoor,
Taluka & District Beed.
5. Shabana w/o. Shaikh Rafiq,
Age : 38 years,
Occupation : Household,
R/o. Kiratpura, Aurangabad,
Taluka & District Aurangabad.
6. Samina w/o. Shaikh Nazim,
Age : 33 years,
Occupation : Household,
R/o. Kondawa, Pune,
Taluka & District Pune. .. Petitioners.
versus
1. The Union of India,
Through Secretary,
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(Judgment) (2) W.P. No. 11504 of 2017
Ministry of Road Transport
& Highway, New Delhi.
2. The Competent authority,
National Highway No.211 &
Deputy Collector,
Land Acquisition,
Jaikwadi Project, Beed.
3. Akhatarnunnissa Begum w/o.
Abdul Rashid,
Age : 71 years,
Occupation : Household.
4. Sayed Abdul Naim
s/o. Abdul Rashid,
Age : 50 years,
Occupation : Labour.
5. Sayed Abdul Haseen
s/o. Abdul Rashid,
Age : 45 years,
Occupation : Service.
6. Sayed Abdul Mannan
s/o. Abdul Rashid,
Age : 42 years,
Occupation : Labour.
7. Sayed Abdul Irfan
s/o. Abdul Rashid,
Age : Major,
Occupation : Private Job.
Respondents no.03 to 07
R/o. Bhaldarpura, Beed,
Taluka & District Beed.
8. Wasimbegum w/o. Shaikh Maula,
Age : Major,
Occupation : Household,
R/o. as above,
c/o. Respondent no.03
Akhtarunnisa.
9. Noorjaha @ Noorbegum
w/o. Anwaroddin,
Age : Major,
Occupation : Household
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(Judgment) (3) W.P. No. 11504 of 2017
above c/o. Respondent no.03
Akhtarunnisa.
10. Seema Begum w/o. Shaikh Khurshid,
Age : Major,
Occupation : Household,
R/o. Ajmer Nagar, Balepir,
Beed. .. Respondents.
...........
Mr. Kamlakar J. Suryawanshi, Advocate, for
petitioners.
Mr. S.B. Deshpande, Asst. Solicitor General
of India, for respondent no.01.
Mr. R.V. Dasalkar, Asst. Government Pleader,
for respondent no.02.
Ms. Fatema Kazi, Advocate, for respondents
no.03 to 06
...........
CORAM : R.M. BORDE &
SMT. VIBHA KANKANWADI, JJ.
DATE : 20TH SEPTEMBER 2017
ORAL JUDGMENT (Per R.M. Borde, J.) :
01. Rule. Rule made returnable forthwith. By consent, heard finally.
02. Petitioners are objecting to the order passed by the competent authority on 24th August, 2017 refusing to refer the dispute raised by petitioners in respect of disbursement of amount of compensation of suit properties to respondents no.03 to 10.
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03. Perused the order passed by the competent authority and heard learned counsel appearing for respective parties.
04. On perusal of the application tendered by petitioners as well as on consideration of the order, we are of the considered view that the dispute raised by petitioners in the matter cannot be dealt with by the competent authority, exercising jurisdiction under Section 3-H(3) of the National Highways Act, 1956 and the dispute raised falls within the purview of Section 3-H(4) of the Act.
05. Section 3-H(4) of the Act prescribes that if any dispute arises as to the apportionment of the amount or any part thereof or to any person to whom the same or any part thereof is payable, the competent authority shall refer the dispute to the decision of the principal civil Court of original jurisdiction within the limits of whose jurisdiction the land is situated. In the instant matter, on perusal of the objection, it prima facie appears that the dispute raised by petitioners is in respect of 'any person to whom the same or any part thereof is payable'. Since the dispute raised in the matter is in respect of entitlement of the petitioners to claim the amount or part of the amount determined by the competent authority as compensation payable for the acquired property, there is no option available to the competent authority to deal with the dispute but to refer the same for decision of the principal civil ::: Uploaded on - 22/09/2017 ::: Downloaded on - 23/09/2017 02:04:31 ::: (Judgment) (5) W.P. No. 11504 of 2017 Court of the original jurisdiction.
06. It does appear that the competent authority has dealt with the objections and expressed opinion as regards merits of the claim raised by the petitioners. It prima facie appears that the dispute raised does not come within the ambit of Section 3- H(3) of the National Highways Act, 1956. In a case, where several persons claim to be interested in the amount deposited under sub-section (1) of Section 3- H, the competent authority shall determine the persons who in its opinion are entitled to receive the amount payable to each of them. In the instant matter, the dispute is not as regards persons or several persons who claim to be interested in the amount deposited under sub-section (1) of Section 3-H of the Act. The dispute raised is in respect of entitlement of the petitioners to receive the amount or part of the amount. The petitioners claim their entitlement on the basis of title derived by them and since the question is raised as regards the title of the petitioners qua the acquired property, we are of the opinion that it is only the Principal Civil Court of the original jurisdiction which would be competent to deal with the issue and pronounce the judgment.
07. In the facts of the case, the order passed by the competent authority refusing to refer the objection to the Civil Court for determination, according to us, amounts to refusal to exercise jurisdiction vested in the competent authority and ::: Uploaded on - 22/09/2017 ::: Downloaded on - 23/09/2017 02:04:31 ::: (Judgment) (6) W.P. No. 11504 of 2017 therefore deserves to be quashed and set aside and accordingly it is quashed and set aside. The competent authority is directed to refer the objection raised by the petitioners to the Principal Civil Court of original jurisdiction of District Beed. The competent authority shall forward the objection raised by the petitioners to the Principal Civil Court of the original jurisdiction of District Beed within a period of fifteen days from today.
08. It is informed that the suit between the parties in relation to the property which is subject matter of acquisition, being Regular Civil Suit No. 432 of 2016, is already pending in the court of Civil Judge (Senior Division), Beed. Since the issue raised before the competent authority by the petitioners is already under consideration of the Civil Court in a pending Civil Suit, it is desirable that the instant reference shall be assigned to the same judge who is dealing with Regular Civil Suit No. 432 of 2016. The Principal District Judge may pass appropriate orders in the matter accordingly.
09. The Court dealing with the objections shall decide the dispute after recording evidence of the parties as expeditiously as possible and preferably within a period of one year from the date of receipt of reference.
10. The application for disbursement of the amount deposited by the competent authority, that ::: Uploaded on - 22/09/2017 ::: Downloaded on - 23/09/2017 02:04:31 ::: (Judgment) (7) W.P. No. 11504 of 2017 would be presented by the respondents or the petitioners, shall be dealt with and appropriate orders shall be passed by the Court dealing with the reference as expeditiously as possible and preferably within a period of three months from the date of tender of the application.
11. Rule is accordingly made absolute. There shall be no order as to costs.
( Smt. Vibha Kankanwadi ) ( R.M. Borde )
JUDGE JUDGE
...........
puranik / WP11504.17
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