HIGH COURT OF BOMBAY
GODAVARI MARATHWADA IRRIGATION DEVELOPMENT CORPORATION THROUGH THE EXECUTIVE ENGINEER – Appellant
Versus
THE STATE OF MAHARASHTRA AND OTHERS – Respondent
WP 8845/2017
['BHALERAO SUDHIR G', 'COPY SERVED ON GP', '', 'JAMDHADE NARENDRA R', 'AGP', 'ADV NARENDRA JAMDHADE']
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IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.8843 OF 2017
WITH WP/8844/2017 WITH WP/8845/2017 WITH WP/8846/2017
WITH WP/8847/2017
GODAVARI MARATHWADA IRRIGATION DEVELOPMENT
CORPORATION THROUGH THE EXECUTIVE ENGINEER
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
Mr.S.G.Bhalerao, Advocate for the petitioner.
Mr.S.N.Morampalle, AGP for respondent Nos. 1 and 2.
Mr.V.D.Hon, Sr.Counsel i/b Mr.N.R.Jamdhade, Advocate for respondent
Nos. 3 to 6 in WP No.8843/2017 and for respondent Nos. 3 to 12 in
other writ petitions.
( CORAM : BHARATI H. DANGRE, J.)
DATE : FEBRUARY 18, 2022
PER COURT :
1.
Heard learned Advocate Mr.Bhalerao for the petitioner and the
learned Senior Advocate Mr.Hon, appearing for the claimants in the five
writ petitions which are listed before this Court at Item No.921.
The learned Advocate for the petitioner has invited my attention
to a decision of the Apex Court in case of New Okhla Industrial
Development Authority (NOIDA) Vs. Yunus and others in Civil Appeal
No.901/2022 dated 03/02/2022, where the question which arose for
khs/Feb.2022/8843
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determination before the Apex Court is, whether the award passed by
the Lokadalat u/s 20 of the Legal Services Authorities Act, 1987 can
form a basis for re-determination of compensation as contemplated u/s
28-A of the Land Acquisition Act, 1894. The High Court had taken a
view that such an award passed by the Lokadalat can form a
foundation for exercising powers u/s 28-A of the Act.
2.
Taking a note of the cleavage of opinion expressed by different
High Courts on the said point and also on the consideration of the
scheme of the Enactment under which the Lokadalats are created to
discharge the function, a conclusion reached at is expressed in the
following words :-
"48. An Award passed under Section 19 of the 1987 Act is a
product of compromise. Sans compromise, the Lok Adalat loses
jurisdiction. The matter goes back to the Court for
adjudication. Pursuant to the compromise and the terms being
reduced to writing with the approval of the parties it
assumes the garb of an Award which in turn is again deemed
to be a decree without anything more. We would think that it
may not be legislative intention to treat such an award
passed under Section 19 of the 1987 Act to be equivalent to
an award of the Court which is defined in the Act as already
noted by us and made under Part III of the Act. An award of
khs/Feb.2022/8843
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the Court in Section 28A is also treated as a decree. Such
an Award becomes executable. It is also appealable. Part III
of the Act contains a definite scheme which necessarily
involves adjudication by the Court and arriving at the
compensation. It is this which can form the basis for any
others pressing claim under the same notification by
invoking Section 28A. We cannot be entirely oblivious to the
prospect of an ‘unholy’ compromise in a matter of this
nature forming the basis for re-determination as a matter of
right given under Section 28A.
49. We would, therefore, approve the view taken by the
Bombay High Court in Umadevi Rajkumar Jeure (supra) and the
learned single Judge of the Karnataka High Court in Vasudave
(supra) and hold that an Award passed under Section (20) of
the 1987 Act by the Lok Adalat cannot be the basis for
invoking Section 28A.
50. As far as the argument of the respondents that the award
dated 12.3.2016 can be treated as the order of the Court
within the meaning of Section 18 of the Act read with
Section 28A of the Act, we are of the view such an argument
cannot be accepted. Unlike in the facts of the case decided
by the Andhra Pradesh High Court reported in 2003 SCC ONLINE
AP 21 (supra) which has been distinguished by the Bombay
High Court in Umadevi (supra) on the score that in the case from
Andhra Pradesh, the Reference Court has passed an award
khs/Feb.2022/8843
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based on a compromise arrived at between the parties before
the Lok Adalat, in this case, the