Alternate remedy not a bar to approach HC: Bombay HC
Title: NAMDEO APPARAO CHATE AND ORS. v. THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND ORS.
Decided on: 26th July, 2023
+ WRIT PETITION NO. 6598 OF 2023
CORAM: RAVINDRA V. GHUGE, & Y. G. KHOBRAGADE, JJ.
Facts of the Case:
The petitioners have challenged the Awards dated 17.07.2015, 24.07.2015, 10.07.2015 and 02.06.20105, respectively by filing different petitions on 02.05.2023, which is practically after eight years.
Issues
Whether the High Court should dismiss the petitions because the other statutory remedies have not been exhausted?
Contentions
The petitioners contend that since they have not accepted the Awards delivered under the Right to Fair Compensation and Transparency in Land Acquisition (Rehabilitation and Resettlement) Act, 2013, they can take recourse to the statutory, efficacious and expeditious remedy under Section 64 of the Act. It is a settled position of law that all the grounds can be raised under the said proceedings
The Respondents contend that the petitioners had approached this Court after eight years of the passing of the Awards, by avoiding the statutory remedy under Section 64. There is no reason set out as to why this Court should entertain these petitions directly. It was also not the contention of the petitioners that the statutory remedy is neither efficacious nor expeditious. No element of urgency had been made out in order to convince this Court to exercise jurisdiction. They relied on many judgments of the past to establish that the Court should dismiss these petitions because, there are other statutory remedies available.
Decision
The Court held that the High Court has jurisdiction to decide whether to allow the petitions or not. There have been instances where, the High Court has allowed petitions although other statutory remedies were not exhausted. Alternate remedy is not a bar and therefore, the HC has allowed these petitions.
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Written by- Aparna Gupta, University Law College & Dept. of Studies in Law