Back
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
M.S. Sonak, Jitendra Jain, JJ
Sojar @ Rukminibai W/o Hari Mule – Appellant
Versus
Krishnath @ Krishna S/o Gopal Tate – Respondent
| Table of Content |
|---|
| 1. petitioner challenges authority's order (Para 3) |
| 2. counsel argues against authority's jurisdiction (Para 4 , 5 , 6 , 7) |
JUDGMENT :
1. Heard learned Counsel for the parties.
3. The Petitioner seeks the following substantive reliefs by instituting this Petition.
(B.) This Hon’ble Court be please to issue writ of mandamus or writ in nature of mandamus or issue any appropriate writ or order directing Respondent No.4 to refer the dispute together with the amount determined by the competent authority to the Principal Civil Court of original jurisdiction of District Solapur i.e. District Court, Solapur”
5. Mr Rajepandhare submitted that despite the clear legal position as stated above and the binding precedents on the subject, the competent authority, by the impugned order dated 21 December 2023 has not only rejected the Petitioner’s claim for apportionment of compensation but, in high-handed manner, proceeded to disburse the compensation for the acquired land in which the Petitioner had an interest as co- owner, in favour of the Petitioner’s brothers. He submitted that the impugned order dated 21 December 2023 is ex-facie without jurisdiction, null and void. He submitted th
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.
(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....
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....
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....
The Land Acquisition Officer lacks jurisdiction to decide disputes over compensation apportionment, which must be referred to the Principal Civil Court for resolution.
The competent authority lacks jurisdiction to decide compensation apportionment disputes under the National Highways Act, which must be referred to the Principal Civil Court.
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.
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
