1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD Writ Petition No.7551 OF 2008 1) Shriram Ramgopal Agrawal, ] Age 45 years, ] Occupation: Agriculture, ] R/o Jalchakra (Kh.) ] Taluka Bodwad, ] District Jalgaon. ] ] 2) Hari-om Ramgopal Agrawal, ] Age 44 years, ] Occupation: Agriculture, ] R/o Jalchakra (Kh.) ] Taluka Bodwad, ] District Jalgaon. ] ] 3) Ramnath Ramgopal Agrawal, ] Age 42 years, ] Occupation: Agriculture, ] R/o Jalchakra (Kh.) ] Taluka Bodwad, ] District Jalgaon. ] ] 4) Shardadevi Nandlal, ] Age 40 years, ] Occupation: Agriculture, ] R/o Jalchakra (Kh.) ] Taluka Bodwad, ] District Jalgaon. ] ] 5) Jangibai Ramgopal Agrawal, ] Age 48 years, ] Occupation: Agriculture, ] R/o Jalchakra (Kh.) ] Taluka Bodwad, ] District Jalgaon. ] 2 6) Manish Ratanlal Agrawal, ] Age 40 years, ] Occupation: Agriculture, ] R/o Jalchakra (Kh.) ] Taluka Bodwad, ] District Jalgaon. ] ] 7) Lata Sharad Agrawal, ] Age 35 years, ] Occupation: Agriculture, ] R/o Jalchakra (Kh.) ] Taluka Bodwad, ] District Jalgaon. ] ] 8) Smita Anil Gupta, ] Age 40 years, ] Occupation: Agriculture, ] R/o Jalchakra (Kh.) ] Taluka Bodwad, ] District Jalgaon. ] ] 9) Nita Sunil Bhartia, ] Age 42 years, ] Occupation: Agriculture, ] R/o Jalchakra (Kh.) ] Taluka Bodwad, ] District Jalgaon. ] ] 10) Shakuntaladevi Ratanlal ] Agrawal, ] Age 42 years, ] Occupation: Agriculture, ] R/o Jalchakra (Kh.) ] Taluka Bodwad, ] District Jalgaon. ] ... Petitioners. 3 Versus 1) The State of Maharashtra ] Through its Secretary, ] Irrigation Department, ] Mantralaya, Mumbai – 32. ] ] 2) The Collector, ] Office of the Collector, ] Jalgaon, ] District Jalgaon. ] ] 3) The Special Land ] Acquisition Officer, ] Jalgaon, ] District Jalgaon. ] ] 4) The Executive Engineer, ] Irrigation and Water ] Supper Division No.1, ] Zilla Parishad, Jalgaon, ] District Jalgaon. ] ... Respondents. -------- Shri. A.B. Kale, Advocate for petitioners. Shri. V.B. Ghatge, Assistant Government Pleader for respondent Nos.1 to 3. Shri. B.S. Mundhe, Advocate for respondent No. 4. -------- CORAM: NARESH H PATIL & K.K. TATED, JJ. DATE: 16th JUNE, 2010 4 ORAL JUDGMENT :(PER NARESH H PATIL, J.): 1) Rule, rule returnable forthwith by consent. 2) The petitioners' land was taken into possession for construction of percolation tank under agreement executed between the parties on 15th March 2001. It is informed to this Court by the learned counsel appearing for the parties that the percolation tank is already constructed. It is admitted position that the land acquisition proceedings have not been completed as per the provisions of the Land Acquisition Act 1894. There is no denial of the fact that award is not made so far. 3) The contention of the petitioners is that they are making representations to the authorities for payment of money by passing 5 award and other consequential relief. But no relief was granted to the petitioners. The petitioners thereafter approached this Court in the year 2008 with following prayers : (C) To direct the respondent authorities to initiate the land acquisition proceedings and to pass award of the land of the petitioners of this petition taking into consideration the Panchanama annexed at Exhibit "D" within a period of three months from today and for that purpose, issue necessary orders. (D) To direct the respondent authorities to pay the rental compensation as per the Government Resolution dated 1-12-1972 and as per the Government Resolution dated 2-4-1979 and as per the judgment delivered by this Hon'ble Court in Writ Petition No.2559/2008 and for that purpose, issue necessary writs and orders. (E) To direct respondent authorities to pay 80% of compensation for the acquired land by preparing the valuation as per the Valuer which is annexed to this writ petition and for that purpose, issue necessary orders." 6 4) The counsel for the respondent - Zilla Parishad Jalgaon produced original record before us today. We have perused the said record. The counsel submits that so far the acquisition proceeding could not be completed and even part of the amount towards compensation is not deposited by the State. 5) The learned Assistant Government Pleader Shri. Ghatge produced a communication today addressed to the Government Pleader by the Special Land Acquisition Officer Jalgaon dated 16-6-2010. The Assistant Government Pleader does not dispute that award has not been passed nether arrangement to deposit the amount with the authorities has been made. 6) We have perused the possession receipt- cum-agreement entered into between the parties in respect of the subject land. A Xerox copy of 7 the same finds place in the original record of the Zilla Parishad. We have considered the clauses of the receipt-cum-agreement. It is clear from the record that, possession of the subject land is taken over by private negotiations and with consent of the land owners. 7) It is equally disturbing that in spite of taking over possession and construction of the percolation tank the acquisition proceedings are not complete and no award is made neither any payment of compensation is made to the land owners. We do not find any satisfactory explanation on the part of the respondents for these lapses and negligence. The correspondence as reflected in the original file of the Zilla Parishad does not lead to definite conclusion as to who is responsible for these lapses. At one stage by a 8 communication dated 19-7-2008 the Executive Engineer, Minor Irrigation Division, Zilla Parishad Jalgaon issued a show cause notice to Mr. A.H. Khadse, Deputy Engineer, Zilla Parishad, Minor Irrigation Sub Division Raver under the provisions of the Maharashtra Zilla Parishad District Service (Discipline and Appeal) Rules 1964 in respect of the gross negligence and delay in completing the proceedings. We even find at running page 139 of the record, Annexure “A” made in respect of two-third amount of the proposed compensation. But thereafter the concerned authorities did not take up the issue to its logical end. The land owner was at the receiving end as neither award was passed nor amount was paid. In this scenario we considered the case and we find that at least at this stage the authorities shall take up the issue with seriousness and do the needful in accordance with law. 9 8) In the facts of the case we direct the respondents to complete the acquisition proceedings and pass award within 8 months from today. In case the award is not passed within 8 months then we direct the State to fix responsibility on the concerned officers / authorities for the same and take appropriate action against said officers. It is expected that while passing award the officers concerned would consider the provisions of the Land Acquisition Act 1894 and the claim of the petitioners in respect of rental compensation in case they are entitled to. 9) We direct the Chief Executive Officer, Zilla Parishad, Jalgaon to hold enquiry and fix responsibility on the officers concerned who are responsible for delaying the proceedings of the acquisition as per the provisions of the Land Acquisition Act 1894 and take appropriate 10 action under the Maharashtra Zilla Parishad District Service(Discipline and Appeal) Rules 1964 within three months from today. 10) Rule is made absolute in the above terms. 11) Authenticated copy be given to the Assistant Government Pleader who shall forward the same to the concerned officers. Sd/- Sd/- (K.K. TATED, J.) (NARESH H PATIL, J.) rsl/ wp.7551.08