In an interesting case of family dispute, the Bombay High Court has ordered 10 members of a family not to use an amount over Rs 5 crore, an amount paid as compensation by NHSRCL towards their land acquired for the purpose of the Bullet Train.
A bench of Justices Amjad Sayed and Surendra Tavade has asked NHSRCL to consider the claims of the petitioners, who claim to have 3/4th share in the land acquired for the Bullet Train project.
The judges were petitioned by Madhavi family, who are one set of the legal heirs of one Krushna Patil, who owned a huge parcel of land near Bhiwandi.
The Madhavi family has challenged the compensation given by NHSRCL, which is acquiring land in Maharashtra to pave for the Bullet Train project. NHSRCL, according to the Madhavi family, has granted compensation of over Rs 5 crores to another set of legal heirs of Krushna Patil.
The Madhavis, through their plea before the bench led by Justice Sayed, have sought directions to the Patil family not to use the compensation amount till further orders.
In their plea, the Madhavis have argued that they have 3/4th share in the land parcel and, accordingly, they have a direct share in the compensation amount. They claimed to have filed objections with NHSRCL in October this year, urging the authority not to hand over the compensation amount to the Patil family alone.
However, the authority, without taking any decision on the objections, proceeded to pay the compensation to 10 members of the Patil family.
Having considered the contentions, the judges said, "We prima facie find that the Madhavis would have a share in the subject land."
The bench, accordingly, sought to know if the Patils would bring back Rs 5 crore and deposit the same in the court. The judges had clarified that if the Patil family makes a negative statement, then it would pass "appropriate" orders.
At this suggestion, the counsel of the Patil family members told the judges that they should proceed with passing appropriate orders.
To this, Justice Sayed said, "In the facts and circumstances of the case, we direct that the Patil family shall not deal with the compensation amount until the next date. They are also restrained from executing any documents/papers in relation to and affecting the amount of compensation until the next date."
The judges have further ordered the Patil family to file an affidavit with copies of their bank statements annexed, stating where the compensation amount has been deposited.
"If the amount is already transferred from the bank account, they shall annex copies of the documents in relation to the transaction/s tendered into by them," the bench ordered the Patil family.
A further directive has been issued to NHSRCL to file their affidavits in the matter by the next date. The authorities are also ordered to take a final call on the objections of the Madhavi family before January 4.
The matter would be next heard on January 7.
