Thursday 13 March 2008

Land Acquisition Important

In a recent case of SLAO Metro Centre No.1 in Panwael Civil Application No.3422/07 Hon. Chief Justice of HC Mumbai & Hon. Justice J. P. Devdhar on 4th Feb. 2008 took a serious view on manner of filing appeals in Land Acquisition Cases. The Court issued show cause notice to Govt. Pleader why action should not be taken for inordinate delay in filing the appeal. Delay in the said case is of 722 days. The Hon. High Court observed "We may futher indicate clearly that the principle of public accountability is applicable to the administrative actions. Executive is under obligation to work in a proper manner and act to the expected standards causing least prejudice to the interest of the state."
" In the aforesaid circumstances, before we consider the question as to whether such inordinate delay should or should not be condoned, we issue show cause notice the state officials, who did not act in the matters and created huge liability on the state, as to why they should not be directed to pay interest payable to the claimants for all these period."

This order of the High Court is circulated by the R & FD to all Collectors
Ref. R & FD No. Sakirn-08/141/Cr-20/A-4 dtaed 14th Feb 2008. Pl. get this, circulate it to all our coleaugues. Now time has to be accountable and adopt smart style of working. Here are number of issued in the matter. We need to discuss, deliberate to thread them out one by one and to get a standard procedure of filing appeal from Government. There is lot of interdependence as GP Dist. Court-Agency-GP High Court- Stamp Duty Amount- Expndr.needed and then filing of affidavit. We are always reviewed. Whether pendency of GP HC is reviewed anywhere but still for their delay SLAO has to take onus of delay on his head in affidavit. Is it is responsibility crisis......chalo...come on debate till it is sorted out. P. V. Kachare.

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