Facts
Four persons held equal shares in land acquired for the Narmada Canal project.
Source reference: no citationIn 2012, two co-owners, Shobhanaben and Niranjanaben, agreed that the petitioner would receive compensation attributable to their combined 50% share.
Source reference: para. 5.1, 8–9They later executed powers of attorney authorising him to act in the acquisition proceedings and receive compensation, and filed affidavits confirming that they had no objection to payment to him.
Source reference: para. 5.1, 8–9The Deputy Collector rejected the petitioner’s requests for payment in 2022 and 2023; the Land Acquisition Officer also rejected his request in 2025.
Source reference: para. 5.2, 6The petitioner challenged those orders under Articles 226 and 227 of the Constitution.
Source reference: para. 5.2, 6Issues
Whether the petitioner was entitled to receive the compensation attributable to the two co-owners’ 50% share, given their agreement, powers of attorney, and affidavits of consent.
Source reference: para. 6, 8–9Whether the Government Resolution dated 5 May 2022, which restricted payment to owners or their legal heirs, barred payment to the petitioner as an authorised representative.
Source reference: para. 7, 9Law Applied
The Court considered the Government Resolution dated 5 May 2022, under which compensation was to be paid to the owner or legal heirs and not to a third party, power-of-attorney holder, or relative.
Source reference: para. 7It also considered the parties’ agreement concerning compensation, the powers of attorney authorising the petitioner to receive compensation, and the co-owners’ affidavits confirming their consent to payment to him.
Source reference: para. 8–9The Court cited no statutory provision or precedent as the basis for its decision; it held that, on the particular facts, the Resolution did not prevent payment where the owners consented and no dispute existed between them and the petitioner.
Source reference: para. 9Reasoning
The Court found that the agreement expressly provided for the petitioner to receive compensation attributable to the two co-owners’ shares.
Source reference: para. 8Their powers of attorney authorised him to act in the acquisition process and receive compensation, while their affidavits confirmed their consent to disbursement in his favour.
Source reference: para. 8Because the co-owners and petitioner had no dispute over payment, the Court held that the Government Resolution’s restriction on payment to third parties did not preclude payment to the petitioner in these circumstances.
Source reference: para. 9Holding
The Court allowed the petition and set aside the Land Acquisition Officer’s order dated 21 March 2025 and the Deputy Collector’s orders dated 17 June 2022 and 7 November 2023.
It directed the respondents to pay the petitioner ₹2,65,72,705, representing the 50% compensation share attributable to Shobhanaben and Niranjanaben, within six weeks of receiving the order.
Source reference: para. 10Acts & Sections Cited
3 provisions across 1 statute referred to in this judgment. Linked provisions open on LawLens.
Land Acquisition Act, 18943
Original Court PDF
HASMUKH DEVJIBHAI KODRANIvsPRESIDING OFFICER
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