DEPUTY COLLECTOR Vs. IBRAHIM MUSA ATHONIYA

JUDGEMENT

(1.) This is a group of Land Acquisition References which are filed for apportionment of compensation declared under the statutory Award passed under Sec. 11 of the Land Acquisition Act, 1894 (for short "old LA Act"). On 23/8/2023, this Court framed the following question for determination:-

(2.) In view of conflict of opinion with respect to jurisdiction to decide the present apportionment references, in view of the provisions of Sec. 64(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short "new LA Act"), I have heard the learned Advocates appearing for some of the claimants, the learned AGPs appearing on behalf of the Special Land Acquisition Officer / Deputy Collector, Land Acquisition Officer, and the learned Amici Curiae, Mr. Drupad Patil and Mr. Dormaan Dalal appointed by this Court.

(3.) At the outset, it is stated that the order dtd. 6/12/2023 needs a rectification. On 6/12/2023, I heard the learned Advocates appearing for the parties including the learned Amici Curiae appointed by this Court and reserved the judgment to be delivered on the issue of jurisdiction of this Court as to whether this Court or the Competent Authority appointed under Sec. 51 of the new LA Act would have jurisdiction to hear and adjudicate these apportionment references. The order dtd. 6/12/2023 however does not record the names of the Amici Curiae Mr. Drupad Patil and Mr. Dormaan Dalal, both of whom have assisted and addressed the Court at length and submitted their written submissions along with citations. Hence, the names of both Amici Curiae be shown in the appearance clause of the order dtd. 6/12/2023 and the said order be accordingly corrected. Further, the said order inadvertently records that final arguments in the LARs have been concluded which is an incorrect recording. The present LARs are apportionment references and hearing concluded on 6/12/2023 pertained to the issue of jurisdiction only as noted above. Hence paragraph No.2 of the order dtd. 6/12/2023 shall stand deleted and it shall be substituted with the following paragraph:-