Shivaji Shamrao Patil vs LAO

NON-REPORTABLE

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 6357 OF 2017 [@ SPECIAL LEAVE PETITION (C) NO. 28055 OF 2014 ]

SHIVAJI SHAMRAO PATIL SINCE DECEASED BY HIS L.R. RANJANA SHIVAJI PATIL & ORS. Appellant (s)

VERSUS

THE SPECIAL LAND ACQUISITION OFFICER, NO. 14, KOLHAPUR, MAHARASHTRA & ORS. Respondent(s)

J U D G M E N T

KURIAN, J.

1. Leave granted.

2. On 28.10.2016, this Court passed the following

order :-

“The parties to get instructions on the following aspects:-

1) When was the award passed? 2) Was possession taken subsequent to the award and whether compensation has been paid, if so, when? 3) What was the period of the operation of the interim orders restraining them from taking possession?”

3. The specific instruction on the second aspect is

that though the award is dated 05.02.1988, so far no

Signature Not Verified compensation has been paid. If that is so, it Digitally signed by JAYANT KUMAR ARORA Date: 2017.05.12 15:40:29 IST Reason: squarely falls under the provision of lapse under

Section 24(2) of The Right to Fair Compensation and

Transparency in Land Acquisition, Rehabilitation and 2

Resettlement Act, 2013, since no compensation has

been paid to the appellants despite passing of the

award five years prior to 01.01.2014, when the Act

came into force, although according to the

respondents, it is lying in the Revenue deposit.

4. This Court, in Pune Municipal Corporation & Ors.

Vs. Harakchand Misirimal Solanki & Ors., reported in

(2014) 3 SCC 183, made it clear that the deposit made

in treasury will not save the lapse referred to under

Section 24(2) unless the compensation is actually

paid to the land owners or deposit in terms of

Section 31 of the Land Acquisition Act, 1894.

5. Therefore, the proceedings have lapsed. However,

the respondents are granted a period of one year from

today to exercise the liberty under Section 24(2) of

The Right to Fair Compensation and Transparency in

Land Acquisition, Rehabilitation and Resettlement

Act, 2013.

6. With the above observations and directions, the

appeal is disposed of.

No costs.

.......................J. [ KURIAN JOSEPH ]

.......................J. [ R. BANUMATHI ]

New Delhi;

May 04, 2017.

3

ITEM NO.49 COURT NO.7 SECTION IX

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s). 28055/2014

(Arising out of impugned final judgment and order dated 29/01/2014 in CWP No. 1967/2012 passed by the High Court Of Bombay)

SHIVAJI SHAMRAO PATIL SINCE DECEASED BY HIS L.R. RANJANA SHIVAJI PATIL & ORS.Petitioner(s)

VERSUS

SPECIAL LAND ACQUISITION OFFICER, KOLHAPUR & ORS. Respondent(s)

(with interim relief and office report)

Date : 04/05/2017 This petition was called on for hearing today.

CORAM : HON'BLE MR. JUSTICE KURIAN JOSEPH HON'BLE MRS. JUSTICE R. BANUMATHI

For Petitioner(s) Mr. Vinay Navare, Adv.

Ms. Gwen Kartika, Adv.

Ms. Abha R. Sharma,Adv.

For Respondent(s) Mr. Nishant Ramakantrao Katneshwarkar, Adv.

UPON hearing counsel the Court made the following O R D E R

Leave granted.

The appeal is disposed of in terms of the signed

non-reportable Judgment

Pending interlocutory applications, if any, stand disposed

of.

(Jayant Kumar Arora) (Renu Diwan) Court Master Assistant Registrar

(Signed non-reportable Judgment is placed on the file)