An important legal case involving the reexamination of a land acquisition matter has been remanded by the Court for further consideration. The focus of the case is on the legal analysis and procedures followed by the Court in reviewing the matter. Stay tuned for more insights on this significant development in the realm of land acquisition law.
Facts
- The appellant, Shirdi Nagar Panchayat, Shirdi, is aggrieved by the judgment and order dated 09.09.2021 passed by the High Court of Judicature of Bombay, Bench at Aurangabad.
- The High Court allowed the writ petition (No 5591/2018) and directed the appellant to prepare a proposal for the acquisition of the land in question.
- The High Court relied on the decision of the Supreme Court in the case of Vidaya Devi v. State of Himachal Pradesh (2020) 2 SCC 569 while passing the impugned judgment.
- Based on the referenced case law and the facts of the case, the High Court issued the said direction to the appellant, which is the subject of the present appeal.
- The private respondents filed a writ petition requesting the initiation of acquisition proceedings for specific pieces of land in 2018.
- They sought the acquisition of land at village Nandurki for construction of a water storage tank by the Gram Panchayat without compensation under the Land Acquisition Act, 1894.
- The possession of the land and completion of the project took place in 1983, with the writ petition filed 35 years later.
Also Read: Challenging Legal Presumptions in Negotiable Instrument Cases
Arguments
- The original writ petitioners, private respondents, did not produce any documentary evidence besides the cash book to prove they received compensation or were involved in any proceedings under the Act.
- The original writ petitioners, now private respondents, state they did not receive any compensation and the land was acquired through private negotiations.
- The High Court did not have the opportunity to consider the additional documents now presented to the Court in an additional affidavit.
- The Municipal Council’s case is that the land was acquired through private negotiations for tank construction and compensation was paid, supported by cash book extracts and other documents totaling approximately Rs. 1,21,000.
Also Read: Legal Analysis of Admission Irregularities in Educational Institutions
Analysis
- Possession of the land in question was taken over and acquired by private negotiations.
- Amount of compensation was already paid for the land.
- Documents produced on record support the claim of acquisition through private negotiations.
- Appellant is granted an opportunity to present the case before the High Court based on the newly presented information.
Also Read: Land Compensation Enhancement Case Summary
Decision
- The appeal is allowed/disposed to a certain extent, with the matter being remanded to the High Court for further consideration.
- High Court is instructed to reexamine Writ Petition No 5591/2018 following the prescribed legal procedures.
- Original respondent No 4 is to be given a chance to submit an additional counter affidavit with supporting documents.
- Original writ petitioners will have the opportunity to respond to the additional counter affidavit of original respondent No 4.
- Impugned judgment and order of the High Court are set aside without expressing any opinion on the merits of the case.
- All contentions/defences of the parties are left open for consideration by the High Court with the material on record.
- The matter is to be reconsidered afresh by the High Court, allowing fair opportunity to both parties to present their case.
Case Title: SHIRDI NAGAR PANCHAYAT, SHIRDI Vs. APPASAHEB NARAYAN CHAUDHARI (2022 INSC 798)
Case Number: C.A. No.-005017-005017 / 2022
