IN THE HIGH COURT OF JUDICATURE AT BOMBAY
M.S.Sonak, Jitendra Jain, JJ.
Pravin Girish Chamaria – Appellant
Versus
State of Maharashtra – Respondent
JUDGMENT :
MS Sonak, J.
1. Heard learned counsel for the parties.
2. This petition was directed to be listed for final disposal on 13 February 2025 at 2:30 p.m. by order dated 11 February 2025. Accordingly, Rule. The Rule is made returnable immediately at the request and with the consent of learned counsel for the parties.
3. By instituting this petition, the Petitioners seek the following substantive reliefs: -
“(a) This Hon’ble Court be pleased to issue a writ of certiorari or a writ in the nature of certiorari and/or any other appropriate writ, order and/or direction, inter alia, calling for the records and proceedings before the Respondent No.2 in respect of the Impugned Order dated 11th March 2024 (Exhibit “D” hereto) and after considering the legality, validity and/or propriety thereof, this Hon’ble Court be pleased to quash and set aside the Impugned Order dated 11th March 2024 passed by the Respondent No.2 as illegal and in excess of the jurisdiction vested under section 19 of the Maharashtra Highways Act, 1955;
(b) This Hon’ble Court be pleased to direct Respondent No.2 to deposit the entire amount payable towards acquisition of the larger property, being an amount of Rs.27,74,1
The Land Acquisition Officer lacks jurisdiction to decide disputes over compensation apportionment, which must be referred to the Principal Civil Court for resolution.
Apportionment disputes under the Maharashtra Highways Act must be referred to the Principal Civil Court, and actions by the Land Acquisition Officer that violate this principle are ultra vires.
The competent authority under the National Highways Act lacks jurisdiction to apportion compensation and must refer such disputes to the Principal Civil Court.
The competent authority under the National Highways Act lacks jurisdiction to decide apportionment disputes, which must be referred to the Principal Civil Court.
The main legal principle established in the judgment is that disputes regarding apportionment of compensation under the National Highways Act should be referred to the principal civil court of origin....
(1) Acquisition of land – If any dispute arises as to apportionment of amount or any part thereof or to any person to whom same or any part thereof is payable, then, competent authority shall refer d....
Disputes regarding compensation apportionment under the MIDC Act must be referred to a judicial authority, not decided by administrative officers, ensuring proper legal process is followed.
The Competent Authority under the National Highways Act lacks jurisdiction to resolve disputes regarding the apportionment of compensation, necessitating referral to the Principal Civil Court when su....
when the suit is pending before the competent Civil Court, the rights can be crystallized only by the competent Civil Court not by this Court under Article 226 of the Constitution of India
Point of Law : Respondents, therefore, cannot retain the amounts received by them. Instead, they will have to deposit these amounts before the Reference Court.
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