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2011 Supreme(Bom) 732

In the High Court of Bombay at Nagpur
R.M. SAVANT
Madhavrao S/o Krishnarao Zade & Others
Versus
The State of Maharashtra, through its Secretary, Revenue and Forest Department & Others
WRIT PETITION NOS.771 OF 2011, 1034 OF 2011, 1076 OF 2011, 1788 OF 2011, 1793 OF 2011, 1794 OF 2011 & 1797 OF 2011
Decided on : 01-07-2011

Advocates Appeared:
For the Petitioners: S.R. Deshpande, learned counsel.
For the Respondents: A.D. Sonak, learned Asstt.Govt. Pleader with Ms T. Khan, learned Asstt. Govt. Pleader.

Headnote:Bombay High Court Appellate Side Rules, 1960 - Chapter 17, Rule 23 Explanation - Execution of an order or decree - An order or decree, passed in a proceeding under Article 226 of Constitution, decided at Benches of High Court at Nagpur, Aurangabad and Panaji to be transmitted to Court of competent civil jurisdiction for execution.

       The ground on which the trial Court has rejected the execution application filed by the petitioners cannot be sustained as can be gathered from a reading of the explanation to the said rule, that an order or decree passed in a proceeding under Article 226 of the Constitution of India, decided at the Benches of the Court at Nagpur, Aurangabad and Panaji would have to be transmitted to the Court of competent civil jurisdiction for execution. Hence, the order dated 18.10.2004 can be executable by the Court of the Civil Judge, Senior Division, who has passed the original Award on the basis of which the applications under Section 28-A were filed by the petitioners. The petitioners would therefore have to file applications in the Court which would thereafter be transmitted to the appropriate Civil Court of competent jurisdiction, which would undoubtedly be the concerned Civil Judge, Senior Division. This aspect would cover the tenability of the execution application quaand order passed in a writ petition.

       Bombay High Court Appellate Side Rules, 1960 - Chapter 17, Rule 23 Explanation - Execution of orders passed in writ petition - An order passed in proceeding under Article 226 of Constitution, decided at Benches of High Court at Nagpur, Aurangabad and Panaji would have to be transmitted to Court of competent civil jurisdiction for execution.

Judgment :

1) Rule with the consent of the parties made returnable forthwith and heard.

2) The above writ petitions involved identical facts and common questions and are therefore heard and disposed of together.

3) The petitioners in the above petitions are aggrieved by the order dated 10th November, 2010 passed by the learned 3rd Joint Civil Judge, Senior Division, Yavatmal, by which the execution application filed by the petitioners for execution of order of this Court dated 18th October, 2004 came to be rejected on the ground that the order of this Court passed in a writ petition could not be executed by the trial Court and that the parties can avail of appropriate remedy for the implementation of the order of this Court passed in a writ petition.

4) The facts in brief can be stated thus.

Petitioner Madhavrao in Writ Petition No.771/2011, which is the lead matter, was the owner of Survey No.1/1, area admeasuring 1 hectare 87 ares situated at Wagada village, Taluka and District Yavatmal. The lands of the petitioners in the companion writ petitions are also from the same village. The petitioner in the above petition and the petitioners in the companion writ petitions would be referred to hereinafter as the petitioners. It appears from the record that on 11/08/1978 the Land Acquisition Officer passed an Award and granted compensation at the rate of Rs.3,000/per hectare in respect of the lands of the said village. Aggrieved by the compensation offered by the Land Acquisition Officer by the said Award, some of the land owners from the said village filed reference applications under Section 18 of the Land Acquisition Act before the Civil Court amongst which, reference was L.A.C. No.190/1988 filed by one Shri Manik. The Reference Court by its judgment and order dated 17/04/1990 enhanced the compensation to Rs.18,000/per hectare along with the commensurate statutory benefits to which the land owners were entitled. The petitioners herein became aware of the said judgment dated 17/04/1990 passed in the said Land Acquisition Case No.190/1988 and the petitioners thereafter filed an application under Section 28(A) of the said Act. The Special Land Acquisition Officer, Yavatmal on receipt of the said application agreed to grant the enhanced compensation to the petitioners as per the judgment of the Civil Court in the said Reference, by the letter dated 21/11/1991, the Land Acquisition Officer agreed to pay the enhanced compensation by 31/01/1992. On non receipt of the enhanced compensation, the petitioners were constrained to file writ petition being numbered as Writ Petition No.917/1992 in this Court. This Court directed the respondents to make the payment of the enhanced compensation dated 29th April, 1992. In spite of the said judgment dated 29/04/1992, passed in the said Writ Petition No.917/1992, no compensation was paid, the petitioners in the above petitions, therefore, had filed contempt petition under Section 11 of the Contempt of Courts Act. The said contempt petition was registered as Contempt Petition No.173/1992. In the interregnum, the respondents herein filed a Review Application for review of the said judgment dated 29/04/1992 passed in Writ Petition No.917/1992. The said Review Application came to be registered as Miscellaneous Civil Application No.259/1992. The said Contempt Petition No.262/1992 and Miscellaneous Civil Application No. 259/1992 were heard together and disposed of by common order dated 14/10/1992 whilst the Review Application was dismissed, in so far as the Contempt Petition was concerned, the respondents were directed to release the amount of enhanced compensation as per the order dated 29/04/1992 from the date of the said order. In spite of the said direction issued, the respondents did not comply with the said order passed in the Contempt Petition. The petitioners, therefore, were once again constrained to file another contempt petition, which was numbered as Contempt Petition No.292/1992 and this Co













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