FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s Orders. COURT’S OR JUDGE’S ORDERS WP/8393/2009 GODAVARI V/S STATE 1. Heard respective counsel. 2. Rule. By consent, Rule made returnable forthwith. 3. Petitioner challenges the order passed by the learned Collector, Hingoli dt. 18.6.2009 (Exhibit P/5) in this petition, by which the learned Collector has awarded amount of Rs. 80,753/- towards enhanced compensation under Section 28-A of the Land Acquisition Act, 1894 (“said Act”). The learned Collector has also directed to call for the said amount from the concerned authority. 4. On behalf of the petitioner, only ground raised is that the petitioner is the acquiring body and was not heard by the Collector before passing the impugned order. Learned counsel for respondent No.3 submits that this is a second round of litigation to this Court. He pointed out the earlier order passed by this Court. On behalf of State affidavit of one Arvind Lokhande, Special Land Acquisition Officer has been filed. I have gone through the same. 5. In paragraph No.6 of the said affidavit in reply, it is submitted that the order passed by the Collector is neither erroneous nor illegal. Further, it has been said that it is the duty of the acquiring body to deposit the compensation amount as early as possible to avoid further delay. FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s Orders. COURT’S OR JUDGE’S ORDERS 6. Respondent No.3 earlier had filed Writ Petition No.1468 of 2006 in this Court. Copy of the order dt. 22.2.2007 passed in the said petition is at Exhibit P/4. This Court has permitted respondent No.3 to file an appropriate application under Section 28A of the said Act within three weeks. That is how, respondent No.3 filed an application before the Collector and it has been decided by the Collector. 7. The grievance of the petitioner is important. Petitioner is acquiring body. Award passed by the Collector under section 28A requires to be honoured by remitting the amount to the Collector for onwards payment to respondent No.3 / claimant. Learned Collector ought to have heard the petitioner before passing the impugned order. In my view, order impugned requires to be quashed and set aside. However, we cannot forget the plight of the claimant, who has lost the land by way of compulsory acquisition and is fighting for compensation, to which he is entitled in law. 8. In the result, Writ Petition is allowed. Impugned order is quashed and set aside. Petitioner and respondent No.3 are directed to remain present before the Collector, Hingoli on 15.3.2010. The Collector shall pass appropriate order in accordance with provisions of law, after hearing all parties, on/or before 15.4.2010. Parties, through respective counsel, assures FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s Orders. COURT’S OR JUDGE’S ORDERS cooperation for early disposal of the matter. 9. Rule made absolute in above terms. No order as to costs. 10. Petitioner is directed to take writ of this order and serve the same on Collector, Hingoli on/or before 4.3.2010. Dt.5.2.2010 (S.B.DESHMUKH, J.) akl