1 wp 10562-2019.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 10562 OF 2019 Yadav s/o Bhaurao Gaikwad Age : 62 years, Occu. : Agriculture R/o. Chandola, Tq. Mukhed, District : Nanded .. Petitioner (Claimant) Versus 1. The State of Maharashtra Through Principal Secretary Irrigation Development Department Mantralaya, Mumbai. 2. The District Collector, Nanded Collector Office, Nanded. 3. The Special Land Acquisition Officer ik-r-y-lh-dk- dz-&2 Nanded. .. Respondents Mr. G. N. Chincholkar, Advocate h/f Smt. S. G. Chincholkar, Advocate for the Petitioner. Smt. S. S. Joshi, AGP for Respondent Nos. 1 to 3. CORAM : KISHORE C. SANT AND AJIT B. KADETHANKAR, JJ. Date on which reserved for order : 14th July, 2026. Date on which order pronounced : 31st July, 2026. FINAL ORDER (PER KISHORE C. SANT, J.) :- 1. Heard. By consent of the parties taken up for final disposal. 2. This petition is filed seeking directions to respondent Nos. 1 to 3 to grant compensation to the petitioner in respect of his land 2026:BHC-AUG:32483-DB 2 wp 10562-2019.odt admeasuring 29 R from Gat No. 638 situated at village Chandola, Taluka Mukhed, District Nanded under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as “New Act” for the purpose of convenience). 3. It is the case of the petitioner that, he is owner of land totally admeasuring 147 R in Gat No. 638. Out of the said land 66 R land was acquired by the respondent No. 3 under the Land Acquisition Act (hereinafter referred to as “Old Act” for the purpose of convenience). However, no notice was served under section 4, 5-A, 6, 9, 11 and 12 of the Old Act. The land was acquired for construction of percolation tank. The land was acquired long back in the year 2006. In the year 2017 it came to his knowledge that the land came to be acquired in the year 2006 on going through his 7/12 extract and the award was passed on 18.03.2006. It is his further case that, since no compensation is paid to the petitioner, he is entitled to a fresh proceeding and compensation under section 24 (2) of the New Act. 4. Learned Advocate Mr. Chincholkar for the petitioner vehemently argued that the petitioner is entitled to receive 3 wp 10562-2019.odt compensation under New Act as the respondents have not made payment of compensation under the Old Act. He relies upon the Judgment in the case of Pune Municipal Corporation and Anr. Vs. Harakchand Misirimal Solanki And Others1 in support of his submissions that when no compensation is paid to the land owner prior to 01.01.2014 then the owner is entitled to receive the compensation as per New Act. 5. Learned AGP Smt. Joshi vehemently opposes the petition. The respondents have already filed affidavit-in-reply. She submits that the land to the extent of 66 R was acquired in the year 2000 itself. The award was passed on 15.05.2000. The compensation is already paid to the petitioner. The petitioner even thereafter filed L.A.R. No.636/2003 under section 18 of the Old Act. Later on, a proposal was forwarded for acquisition of some more land for the project. Considering the overflow of excess water and for that land of the petitioner to the extent of 29 R was sought to be acquired as it was affected by the overflow. In respect of 29 R land section 4 notification was issued in the newspaper on 27.04.2005 and in the official gazette on 19.05.2005. Section 4 notice was served on one Madhavrao working in the field of the petitioner. The 1 AIR 2014 (SC) 982 4 wp 10562-2019.odt petitioner at the relevant time was a lecturer working in Mahatma Gandhi College at Ahmedpur and it is thus the notice was served upon his servant in the field. The notification was also published on Chawdi on 04.06.2005. Thereafter a notification was published under section 6 on 01.12.2005. This notification was also published in newspaper on 01.12.2005 and in the official gazette on the same date. Later on notice under section 9 (3)(4) of the Old Act was also served on the person who was in the field. This notice was also published on Chawdi. She further submits that the amount of compensation was also received by the office of Special Land Acquisition Officer (S.L.A.O.) vide cheque No. 320605 dated 30.08.2006 and it was credited to the account of S.L.A.O. It is thereafter on 18.03.2006 award was passed and notice under section 12 (2) was issued to the petitioner on 29.11.2006. She accepted that there is no record of service of notice under section 12 (2) to the petitioner. Learned AGP thus submits that, when the amount is deposited in the account of S.L.A.O. there is no question of petitioner being entitled to receive compensation under section 24 (2) of the New Act. It is also pointed out that the mutation entry was also taken in the name of respondents on 04.02.2011 and the same is approved on 16.08.2011 being Mutation Entry 5 wp 10562-2019.odt No.1437. Thus, she prays for dismissal of the petition. The reliance is placed on the Judgment in the case of Indore Development Authority Vs Manoharlal And Other2 6. This Court has heard the arguments and seen the petition paper book. It is seen that, initially the land to the extent of 66 R was acquired from the land of the petitioner. So far as this acquisition is concerned, there is no dispute. The question is only about 29 R land acquired in the year 2005-2006. The grievance of the petitioner is that he never received any notice of the acquisition in the year 2005-2006. It is therefore required to be seen as to whether the notice was actually served upon the petitioner. The petitioner is not in a position to deny publication of section 4 notification in the official gazette as well as in the local newspaper. He also could not deny the fact of publication of notice on Chawdi i.e. conspicuous place in the village. The respondent has specifically come with the case that notice was served on a servant of the petitioner namely Madhavrao who was working in the field. Mere ignorance of the petitioner about proceedings is no ground for the petitioner to say that the acquisition is without giving notice to him. To become entitled to 2 (2020) 8 SCC 129 6 wp 10562-2019.odt get compensation under New Act what is required to be shown is that the amount is not deposited or paid or sought to be paid to the owner. 7. In the case of Pune Municipal Corporation And Another (supra), the Full Bench of the Hon’ble Apex Court held that the amount need to be deposited in the Court to avoid liability to pay the compensation under section 24 (2) prior to the date from which the New Act came into force. However, the said judgment is overruled by the Hon’ble Apex Court in the case of Indore Development Authority (supra) by the Constitution Bench of five Judges. Paragraph No. 202 in the case of Indore Development Authority (supra) reads as under : “202. Section 24(2) deals with the expression where compensation has not been paid. It would mean that it has not been tendered for payment under section 31(1). Though the word “paid” amounts to a completed event however once payment of compensation has been offered/tendered under section 31(1), the acquiring authority cannot be penalized for non-payment as the amount has remained unpaid due to refusal to accept, by the landowner and Collector is prevented from making the payment. Thus, the word “paid” used in section 24(2) cannot be said to include within its ken “deposit” under section 31(2). For that special provision has been carved out in the proviso to section 24(2), which deals with the amount to be deposited in the account of beneficiaries. Two different expressions have been used in section 24. In the main part of section 24, the word “paid” and in its proviso “deposited” have been used.” 7 wp 10562-2019.odt 8. It is thus clear that, even depositing of the money is also not expected under section 31 (1) of the New Act. What is material is that an offer or tender of the amount. In the present case, it is specifically shown by the respondents that the amount was actually deposited in the account of respondent No. 3. Thus, the authority was absolved from its liability to make payment under New Act. The petitioner was also not right in relying upon the overruled judgment in the case of Pune Municipal Corporation And Another (supra). 9. Going further it is clearly seen that, every attempt was made to serve the petitioner. As a matter of fact, the servant of the petitioner was also given the notice for which respondents cannot be held responsible. From the material brought on record alongwith affidavit of the respondents it is clearly seen that the compensation is deposited with respondent No. 3. Notice dated 29.11.2006 was given under section 12 (2) of the Old Act. The amount of compensation was also determined to be Rs. 44,354/- including solatium. Thus, it is the petitioner’s failure to accept the notice and the compensation. For failure on his own part, he cannot blame the authorities. The respondents have done 8 wp 10562-2019.odt whatever is required to be done under the Act. No fault can be found with the procedure adopted by the authorities and as a matter of fact, there is no fault in the proceedings. The petitioner has measurably failed to make out a case for receiving compensation under the New Act. The petition also failed on other ground that the land is acquired in the year 2006. The petitioner has approached this Court only in the year 2019 by making out a case that only in the year 2017 when he collected 7/12 extract it came to his knowledge that his land is acquired. This cause of action dated 27.12.2017 is clearly imaginary. Though this Court is of the opinion to dismiss the petition with heavy cost, however, considering that the petitioner happens to be a farmer this Court refrained itself from imposing cost. No interference is called for. Therefore, the writ petition stands dismissed. 10. It is open for the petitioner to approach the concerned authorities and to pray for withdrawal of compensation amount which is already deposited with respondent No. 3 as per law, if not already withdrawn. ( AJIT B. KADETHANKAR, J.) ( KISHORE C. SANT, J. ) P.S.B.