ANNAPURNA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The issue involved in this writ petition is, whether the State Government would be entitled to recover the amount paid to the claimant as per the Award passed by the Land Acquisition Officer under Section 11 of the Land Acquisition Act on the ground that it was paid by mistake, specially when the Award is not corrected in terms of the provisions of Section 13A of the Act.

(2.) The brief facts which give rise to the petition are stated thus. The petitioner no. 1 was the owner of Plot No. 33 in village Shivangaon with the house standing thereon. Similarly, the petitioner no. 2 was the owner of adjacent Plot No. 34 with the house standing thereon. The said plots of the petitioner nos. 1 and 2 along with the constructions were acquired by the State of Maharashtra for the construction of International Air Cargo Passenger Terminus and Multimodal Hub. The Notification under Section 4 of the Land Acquisition Act was published on 29.1.2005 and the Land Acquisition Officer passed the Award on 29.1.2008. The petitioner nos. 1 and 2 were respectively awarded compensation of Rs. 6,39,661/ and Rs. 6,95,273/ for the land and the constructed portion. On 17.10.2008, more than nine months after the award was passed, the Special Land Acquisition Officer issued a communication to the petitioners to return an amount of Rs. 5,63,212/ to the Government on the ground that the said amount was wrongfully paid to the petitioners though the same was payable to one Arun Vinayak Dakhane. Since the petitioners did not refund the said amount, yet another communication was issued by the Special Land Acquisition Officer to the petitioners on 2.1.2009 asking them to return the said amount or else the said amount would be recovered from the petitioners with interest. The petitioners were warned that criminal action would also be initiated against them if the amount was not returned. The petitioners have impugned the communication dated 2.1.2009 and have sought a declaration that the respondents are not entitled to recover the amount of Rs. 5,63,212/ from the petitioners.

(3.) Shri Gaikwad, the learned counsel for the petitioners submitted, by taking this Court through the copy of the Award passed by the Land Acquisition Officer on 29.1.2008, that in terms of the Award, the petitioners were rightly granted compensation of Rs. 6,39,661/ and Rs. 6,95,273/ for their acquired properties. According to the petitioners, once compensation was determined under Section 23 of the Land Acquisition Act and the Award was passed by the Land Acquisition Officer under Section 11 thereof, the Collector was bound to pay the compensation to the claimants in terms of the Award. It is submitted on behalf of the petitioners that it is only under Section 13 A of the Land Acquisition Act that the Collector is empowered to correct any clerical or arithmetical mistake in the Award. It is submitted that the State cannot recover an amount of Rs. 5,63,212/ from the petitioners without correcting the Award under Section 13 A of the Land Acquisition Act. It is submitted that the alleged error in this case cannot be said to be a clerical or arithmetical error and in any case, the time to correct the Award, if any, in accordance with the provisions of Section 13 A of the Land Acquisition Act, has expired inasmuch as the Collector had not modified or corrected the Award under Section 13 A within a period of six months from the date of the Award or before making the Reference under Section 18 of the Land Acquisition Act to the Civil Court. It is submitted that the State Government has no power to recall the Reference made by the Special Land Acquisition Officer to the Civil Court and duly registered by the Court. According to the counsel for the petitioners, the Award passed by the Land Acquisition Officer on 29.1.2008 was never corrected or modified and in such circumstances, the respondents were not justified in asking the petitioners to refund an amount of Rs. 5,63,212/ and also warning the petitioners of criminal action for no fault of theirs.