The jurisdiction to decide apportionment references under the Land Acquisition Act lies with the Competent Authority under the new Act, not the Reference Court under the old Act.

JUDGMENT :

MILIND NARENDRA JADHAV, J.

1. This is a group of Land Acquisition References which are filed for apportionment of compensation declared under the statutory Award passed under Section 11 of the Land Acquisition Act, 1894 (for short “old LA Act”). On 23.08.2023, this Court framed the following question for determination:

“In this bunch of apportionment References under the Land Acquisition Act 1894, question has arisen for adjudication, “Whether this Court being the Reference Court under the Land Acquisition Act, 1894 (“old Act”) would have the jurisdiction to decide the apportionment Reference forwarded to it under Section 30 of the Land Acquisition Act, 1894 or whether the jurisdiction to hear the apportionment Reference would stand transferred to the Competent Authority appointed under Section 51 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (“new Act”)?”

2. In view of conflict of opinion with respect to jurisdiction to decide the present apportionment references, in view of the provisions of section 64(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short “new LA Act”), I have heard the learned Advocates appearing for some of the claimants, the learned AGPs appearing on behalf of the Special Land Acquisition Officer/Deputy Collector, Land Acquisition Officer, and the learned Amici Curiae, Mr. Drupad Patil and Mr. Dormaan Dalal appointed by this Court.

3. At the outset, it is stated that the order dated 06.12.2023 needs a rectification. On 06.12.2023, I heard the learned Advocates appearing for the parties including the learned Amici Curiae appointed by this Court and reserved the judgment to be delivered on the issue of jurisdiction of this Court as to whether this Court or the Competent Authority appointed under Section 51 of the new LA Act would have jurisdiction to hear and adjudicate these apportionment references. The order dated 06.12.2023 however does not record the names of the Amici Curiae Mr. Drupad Patil and Mr. Dormaan Dalal, both of whom have assisted and addressed the Court at length and submitted their written submissions along with citations. Hence, the names of both Amici Curiae be shown in the appearance clause of the order dated 06.12.2023 and the said order be accordingly corrected. Further, the said order inadvertently records that final arguments in the LARs have been concluded which is an incorrect recording. The present LARs are apportionment references and hearing concluded on 06.12.2023 pertained to the issue of jurisdiction only as noted above. Hence paragraph No. 2 of the order dated 06.12.2023 shall stand deleted and it shall be substituted with the following paragraph:

“Arguments in respect of the issue of jurisdiction of the Court to hear and adjudicate the apportionment references have been concluded and judgment on the same is reserved.”

4. Necessary corrections be carried out in the order dated 06.12.2023 and a fresh corrected copy of the order be uploaded.

5. For reference and convenience, facts of LAR No. 7 of 2015 are referred to herein. Facts in the other LARs are identical to the facts of LAR No. 7 of 2015. Mr. Khan has addressed me at length on behalf of Claimants in LAR No. 7 of 2015 and would contend that this Court should decide these Section 30 Apportionment Reference.

6. Some of the basic facts of LAR No. 7 of 2015 required for adjudication of the present set of LARs are as under:

6.1. In 2010, the Deputy Chief Project Manager (Civil), Railway Vikas Corporation Limited submitted a proposal for acquisition of land for the purpose of extension of the harbour lines between Andheri and Goregaon Railway Stations on the Western Railway.

6.2. Notification under Section 4 of the old LA Act was published in the official Gazette between 20.10.2011 and 26.10.2011 and declaration under Section 6 was published on 15.09.2012.

6.3. In the meanwhile, new LA