Case Note & Summary
The petitioner, Gandharva Dhaneshwar Patil, filed a writ petition challenging the order dated 29 January 2024 passed by the Deputy Collector (Rehabilitation), Palghar, who is the Competent Authority for the Mumbai Ahmedabad High Speed Rail Project. The Competent Authority refused to refer a dispute under Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act of 2013) to the Authority under Section 51 of the Act. The dispute pertained to the apportionment of compensation for land acquired for the high-speed rail project. The petitioner and respondent nos. 13 to 32 claimed to be heirs of late Pandu Dhondu Patil, the original owner of the land. Respondent nos. 4 to 12 claimed rights through an auction purchase in execution of a decree. The petitioner contended that the Competent Authority was duty-bound to refer the dispute to the Authority under Section 51, as there was a clear dispute regarding entitlement to compensation. The Competent Authority, however, refused to refer the matter, citing pending proceedings before civil courts and revenue authorities. The High Court examined the provisions of Sections 51 and 64 of the Act of 2013. It held that the Competent Authority's duty to refer a dispute under Section 64 is mandatory and not discretionary. The existence of pending civil suits or revenue proceedings does not absolve the Competent Authority of this statutory obligation. The Authority under Section 51 is competent to decide the dispute regarding apportionment of compensation. The High Court set aside the impugned order and directed the Competent Authority to refer the dispute to the Authority under Section 51 within four weeks. The court clarified that it had not expressed any opinion on the merits of the dispute and that the Authority under Section 51 would decide the matter in accordance with law.
Headnote
A) Land Acquisition - Reference to Arbitrator - Section 64 read with Section 51 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - Dispute over apportionment of compensation - The Competent Authority refused to refer the dispute to the Authority under Section 51 on the ground that the dispute was pending before civil courts and revenue authorities. The High Court held that the existence of pending proceedings before civil courts or revenue authorities does not absolve the Competent Authority of its statutory duty to refer the dispute under Section 64 of the Act. The Authority under Section 51 is competent to decide the dispute regarding apportionment of compensation. The impugned order was set aside and the Competent Authority was directed to refer the dispute to the Authority under Section 51 within four weeks. (Paras 5-10) B) Land Acquisition - Competent Authority's Duty - Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - The Competent Authority is bound to refer any dispute as to the apportionment of the amount of compensation or as to the persons to whom the same is payable to the Authority under Section 51 of the Act. The refusal to refer on the ground of pending civil suits or revenue proceedings is not permissible under the Act. (Paras 5-10)
Issue of Consideration
Whether the Competent Authority under the Act of 2013 was justified in refusing to refer the dispute regarding apportionment of compensation to the Authority under Section 51 of the Act, despite the existence of a dispute between the claimant and other persons interested in the land.
Final Decision
The High Court allowed the writ petition, set aside the impugned order dated 29 January 2024, and directed the Competent Authority to refer the dispute to the Authority under Section 51 of the Act of 2013 within four weeks from the date of the order. The court clarified that it had not expressed any opinion on the merits of the dispute and that the Authority under Section 51 would decide the matter in accordance with law.
Law Points
- Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition
- Rehabilitation and Resettlement Act
- 2013
- Section 51 of the Right to Fair Compensation and Transparency in Land Acquisition
- Reference to Arbitrator
- Dispute over apportionment of compensation
- Competent Authority's duty to refer
