Case Note & Summary
The petitioners, Vishwanath and Chandrasen, sons of Girmaji Gonde, filed a writ petition under Article 226 of the Constitution of India before the Bombay High Court, Bench at Aurangabad. They sought quashing of an order dated 16.10.2020 passed by the Deputy Collector (Land Acquisition) Coordination, Beed, which rejected their application for correction of an award dated 31.03.1978 in Case No. LAQ/SR/27/74. The award pertained to acquisition of their land bearing Survey No. 31/2A and 31/2B under the Land Acquisition Act, 1894. The petitioners also prayed for directions to the Collector to correct the entries in the column of ownership in Statement-E of the award by substituting their names as owners, based on a judgment and decree dated 04.02.2011 passed by the Civil Judge Senior Division, Majalgaon in Regular Civil Suit No. 161 of 2010. The background of the case is that on 06.03.1975, a notification under Section 4 of the Land Acquisition Act was published for acquiring the petitioners' land. On 31.03.1978, the Special Land Acquisition Officer passed the award, but the petitioners' names were not mentioned in the column of 'names of owner'; instead, it was recorded as 'title not decided'. The petitioners' father, Girmaji Gonde, was originally the owner, but he died on 03.09.1990, and the petitioners were recorded as legal heirs in the revenue records. On 09.03.2010, the petitioners approached respondent No.3 for release of compensation of Rs. 575/- for the acquired land. However, on 24.05.2010, the Special Land Acquisition Officer passed an order stating that the title of the acquired land had not been decided and directed the petitioners to get the ownership decided by a competent court. Consequently, the petitioners filed Regular Civil Suit No. 161 of 2010 before the Civil Judge Senior Division, Majalgaon, seeking a declaration of ownership and release of compensation. The civil court decreed the suit on 04.02.2011, declaring the petitioners as owners of the acquired land. Despite this decree, the respondent authorities did not correct the award or release the compensation. The petitioners then applied for correction of the award, but the Deputy Collector rejected the application on 16.10.2020, leading to the present writ petition. The court considered the submissions of the petitioners' counsel, Mr. Nilesh N. Bhagwat, and the Assistant Government Pleader, Mr. A. R. Kale, for the respondents. The court held that once a competent civil court has declared the petitioners as owners, the revenue authorities are bound to give effect to such decree and correct the award accordingly. The impugned order was quashed and set aside, and the respondents were directed to correct the entries in the award and release the compensation to the petitioners within a reasonable time.
Headnote
A) Land Acquisition - Correction of Award - Ownership Declaration - Land Acquisition Act, 1894, Sections 4, 11 - The petitioners sought correction of the award to substitute their names as owners based on a civil court decree. The court held that once a competent civil court has declared the petitioners as owners, the revenue authorities are bound to give effect to such decree and correct the award accordingly. The impugned order rejecting the application was quashed and set aside. (Paras 1-8) B) Constitutional Law - Writ Jurisdiction - Article 226 of Constitution of India - The High Court exercised its writ jurisdiction to direct the respondent authorities to correct the entries in the award and release compensation to the petitioners, as the civil court decree had conclusively determined ownership. (Paras 2, 8)
Issue of Consideration
Whether the Deputy Collector (Land Acquisition) was justified in rejecting the petitioners' application for correction of the award dated 31.03.1978 to reflect their names as owners of the acquired land, despite a civil court decree declaring their ownership.
Final Decision
The impugned order dated 16.10.2020 passed by the Deputy Collector (Land Acquisition) Coordination, Beed is quashed and set aside. The respondents are directed to correct the entries in the column of ownership of Statement-E of the award dated 31.03.1978 by substituting the names of the petitioners as owners of the acquired land and to release the compensation amount to the petitioners within a reasonable time.
Law Points
- Correction of award under Land Acquisition Act
- 1894
- Section 4 notification
- ownership declaration by civil court
- entitlement to compensation
- Article 226 of Constitution of India
