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HIGH COURT OF BOMBAY
M.S. SONAK, JITENDRA SHANTILAL JAIN
Sojar Alias Rukminbai W/O Hari Mule – Appellant
Versus
Krishnath Alis Krishna S/O Gopal Tate – Respondent
JUDGMENT :
(M. S. Sonak, J.)
1. Heard learned Counsel for the parties.
2. Rule. The rule is made returnable immediately at the request and with the consent of the learned Counsel for the parties.
3. The Petitioner seeks the following substantive reliefs by instituting this Petition.
“(A.) This Hon’ble Court be pleased to issue a writ of certiorari or a writ in nature of certiorari or any other appropriate writ, order or direction calling the impugned Order dt. 21/12/2023 passed by Respondent No. 4 i.e. Competent Authority, Land Acquisition Authority cum Deputy Collector No. 11, Solapur in Land Acquisition Case No. 11/Kavi/RR/1281/2023.
(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”
4. Mr Rajepandhare, the learned Counsel for the Petitioner submitted that under the scheme of the National Highways Act, 1956 (the NH Act), the competent authority has no right or jurisdiction as to the apportionment of
The competent authority under the National Highways Act lacks jurisdiction to decide apportionment disputes, which must be referred to the Principal Civil Court.
The competent authority under the National Highways Act lacks jurisdiction to apportion compensation and must refer such disputes 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.
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