Case Note & Summary
The petitioner, Balbhim Shamrao Ghumare, owned agricultural lands in village Pargaon Ghumara, Taluka Patoda, District Beed. Part of his land was required for constructing a percolation tank. Respondent No.4, the Executive Engineer, Minor Irrigation Division, approached the petitioner and requested consent for acquisition and possession, promising compensation under the Land Acquisition Act, 1894. The petitioner gave consent, and possession was taken on 16th February 2003. However, no formal acquisition proceedings were initiated, and no compensation was paid. The petitioner filed a writ petition seeking compensation. During the pendency of the petition, after an order dated 1st March 2012, the respondents issued a notification under Section 4 of the Act on 13th January 2012 for publication in the Government Gazette. The court accepted that possession was taken on 16th February 2003. The court held that the respondents cannot withdraw from acquisition after taking possession and must pay compensation. The court directed the respondents to complete the acquisition proceedings within six months and pay compensation with interest from the date of possession. The petition was disposed of with directions.
Headnote
A) Land Acquisition - Compensation - Possession without Procedure - Petitioner's land was taken possession of on 16th February 2003 for construction of a percolation tank without initiating formal acquisition proceedings under the Land Acquisition Act, 1894 - The respondents belatedly issued a Section 4 notification in January 2012 - Held that the respondents cannot withdraw from acquisition after taking possession and must pay compensation as per the Act (Paras 3-5).
Issue of Consideration
Whether the petitioner is entitled to compensation for land taken possession of without following the procedure under the Land Acquisition Act, 1894, and whether the respondents can withdraw from acquisition after taking possession.
Final Decision
The court directed the respondents to complete the acquisition proceedings within six months from the date of the judgment and pay compensation to the petitioner in accordance with the Land Acquisition Act, 1894, with interest from the date of possession (16th February 2003) until payment. The petition was disposed of.
Law Points
- Land acquisition without following statutory procedure
- compensation for compulsory acquisition
- Section 4 notification
- Section 6 declaration
- Section 11 award
- Section 16 possession
- Section 48 withdrawal from acquisition
Case Details
2012 LawText (BOM) (03) 15
Writ Petition No. 8347 of 2009
D.G. Karnik, S.B. Deshmukh
Mr. D.R. Jayabhar (for petitioner), Mr. B.V. Wagh (for respondent nos.1-3), Mr. H.I. Pathan instructed by Mr. P.P. Dama (for respondent no.4)
Balbhim s/o. Shamrao Ghumare
The State of Maharashtra, The Collector, Beed, The Special Land Acquisition Officer, Minor Irrigation Division, Beed, The Executive Engineer, Minor Irrigation Division, Zilla Parishad, Beed
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Nature of Litigation
Writ petition seeking compensation for land taken possession of without following acquisition procedure.
Remedy Sought
Petitioner sought payment of compensation for land taken possession of on 16th February 2003.
Filing Reason
Respondents took possession of petitioner's land on 16th February 2003 for construction of a percolation tank but failed to initiate formal acquisition proceedings or pay compensation.
Issues
Whether the respondents can withdraw from acquisition after taking possession of the land?
Whether the petitioner is entitled to compensation for the land taken possession of without following the procedure under the Land Acquisition Act, 1894?
Submissions/Arguments
Petitioner argued that possession was taken on 16th February 2003 but no compensation was paid and no formal acquisition proceedings were initiated.
Respondents contended that they had issued a Section 4 notification on 13th January 2012 and were in the process of acquisition.
Ratio Decidendi
Once possession of land is taken for a public purpose, the acquiring authority cannot withdraw from acquisition and must pay compensation as per the Land Acquisition Act, 1894. The failure to follow the statutory procedure does not absolve the authority from liability to pay compensation.
Judgment Excerpts
We accordingly accept the case of the petitioner, that possession of his land was taken over from him on 16th February 2003.
The grievance of the petitioner is that though possession of the land was taken on 16th February 2003, formal procedure for acquisition of his land was not commenced and he was not paid any compensation.
Procedural History
The petitioner filed Writ Petition No. 8347 of 2009 before the Bombay High Court, Aurangabad Bench. During the pendency, the court passed an order on 1st March 2012, after which the respondents issued a Section 4 notification on 13th January 2012. The petition was heard and disposed of on 21st March 2012.
Acts & Sections
- Land Acquisition Act, 1894: Section 4, Section 6, Section 11, Section 16, Section 48
