Case Note & Summary
The petitioners, landowners whose lands were acquired, filed multiple writ petitions before the Bombay High Court challenging the land acquisition award declared on 31.10.2001 under the Land Acquisition Act, 1894. They sought quashing of the award and a direction for determination of compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The matter came up for hearing before a Division Bench comprising Justice R.M. Borde and Justice Pushpa V. Ganediwala. The court noted that a similar writ petition, Writ Petition No. 10413 of 2017, had already been decided by the same Bench on 08.01.2019, involving identical facts and legal issues. In that earlier decision, the court had quashed the award and directed the authorities to complete the acquisition proceedings and determine compensation under the 2013 Act within one year. The court recorded that the present group of petitions proceeded on the same facts as the previously decided matter. A communication from the Sub-Divisional Officer, Baramati, dated 22.02.2019, provided details of the notification under Section 4, declaration under Section 6, and the award date, confirming the similarity. The court, with the consent of the parties, took up the petitions for final hearing at the admission stage. The court held that the issue was no longer res integra and could be disposed of by issuing similar directions. Consequently, the court allowed the writ petitions, quashed the award dated 31.10.2001 insofar as it related to the petitioners, and directed the respondents to complete the acquisition proceedings for determination of compensation under the 2013 Act and to declare and pay the award within one year from the date of the judgment. No costs were ordered.
Headnote
A) Land Acquisition - Quashing of Award and Determination of Compensation under New Act - Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 - The court found that the facts and issues in these petitions were identical to those already decided in Writ Petition No. 10413 of 2017. Following that precedent, the court quashed the award dated 31.10.2001 with respect to the petitioners. Held, the respondents must complete acquisition proceedings to determine and pay compensation under the 2013 Act within one year from the date of the judgment. (Paras 2-5)
Issue of Consideration
Whether the award declared by the Land Acquisition Officer on 31.10.2001 should be quashed and compensation redetermined under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, in light of the earlier decision of the court
Final Decision
The writ petitions were allowed. The award declared by the Land Acquisition Officer on 31.10.2001 was quashed so far as it related to the petitioners. The respondents were directed to complete acquisition proceedings for determination of the amount of compensation and to declare the award and pay the compensation determined thereunder within one year from the date of the judgment.
Law Points
- Legal points not extracted
- Award under Land Acquisition Act
- 1894 quashed when similar facts covered by prior Division Bench decision
- compensation must be determined under Right to Fair Compensation and Transparency in Land Acquisition
- Rehabilitation and Resettlement Act
- 2013
Case Details
2026 LawText (BOM) (06) 157
WRIT PETITION NO. 9267 OF 2017 (with connected writ petitions)
R.M. Borde, Pushpa V. Ganediwala
Mr. S.S. Salunkhe for the Petitioners, Mr. Sagar Pawar a/w Mr. Akshay Patil I/b S.K. Legal Associates for Respondent No.1 in WP/10995/2017, Mrs. Madhubala Kejale for Respondent State
Shri. Babanrao Vithoba Pingle (since deceased) through LRs. (Lead Petitioner) and other petitioners in connected writ petitions
Shri. Bhiku alias Bhikaji Shankar Kokate & Ors. (and other respondents in connected matters)
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Nature of Litigation
Writ petitions under Article 226/227 of the Constitution of India challenging the land acquisition award dated 31.10.2001 and seeking redetermination of compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
Remedy Sought
Petitioners sought quashing of the award declared on 31.10.2001 and a direction to the respondents to determine compensation in accordance with the provisions of the 2013 Act.
Filing Reason
The award was passed under the old Land Acquisition Act, 1894; petitioners contended that in similar circumstances a Division Bench of the court had already granted relief and they were entitled to the same treatment.
Previous Decisions
A Division Bench of the court had decided Writ Petition No. 10413 of 2017 on 08.01.2019 with identical facts and issues, quashing the award and directing redetermination of compensation under the 2013 Act.
Issues
Whether the award declared by the Land Acquisition Officer on 31.10.2001 should be quashed and compensation redetermined under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, in light of the earlier decision of the court.
Submissions/Arguments
Petitioners submitted that the matter was identical to a previously decided writ petition and that the same directions should be issued.
Respondents did not dispute the similarity and consented to final disposal at the admission stage.
Ratio Decidendi
When a group of petitions involves facts identical to a previously decided matter and the same legal issue is raised, the court may dispose of the petitions by issuing similar directions. An award passed under the Land Acquisition Act, 1894 is liable to be quashed and the compensation must be redetermined under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, if the earlier decision so requires.
Judgment Excerpts
Since the issue raised is no more res-integra and has already been dealt with in the aforesaid petition, the instance group of petitions can also be disposed of by issuing similar directions as in case of decided writ petition.
The Award declared by the Land Acquisition Officer on 31.10.2001 so far as it relates to the Petitioners is concerned, shall stand quashed.
The Respondents are directed to complete acquisition proceedings in respect of determination of amount of compensation and declare award and pay compensation so determined under award within one year from today.
Procedural History
The writ petitions were filed challenging the land acquisition award dated 31.10.2001. A similar writ petition (WP No. 10413 of 2017) was decided on 08.01.2019 by a Division Bench of the Court with identical issues and directions. The present petitions were heard together with consent of the parties and disposed of on 01.03.2019.
Acts & Sections
- Land Acquisition Act, 1894: Section 4, Section 6
- Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013:
