Mumbai: The Bombay High Court has rejected a plea of two girls from Ratnagiri district, who sought that compensation money received by her father from land acquisition should be given to them.
The daughters had claimed that their mother had died two years before and their father is missing since two years. The court said that the girls should wait till 2022, marking seven years of his missing status, after which it would be assumed that he is died.
The court also noted that it doesn’t know whether their father wants to give share of his money to his daughter or not. A division bench of Chief Justice Manjula Chellur and Justice M.S. Sonak was hearing petition filed by Deepali Savardekar and her sister. While the hearing the court noted that there is no legal declaration that he is not alive.
According to evidence act if person is not traceable for more than seven years he is presume to be dead. The court said that girls would have to wait till the year 2022 because missing complaint was registered in the year 2015 and till then such declaration is taken, whatever legal heirs of such person could not get the benefit.
Therefore the court said that at present the amount payable as compensation to Ramesh Savardekar couldn’t be allowed to pay to his children, even if they are ready to execute any indemnity bond. The court further raised query that “we don’t even know that the father of the petitioners intended to give the said money to his children or not”.
The court directed competent authority and Special land acquisition officer to deposit the amount of compensation and all the other amounts payable to Mr Savardekar in an interest earning Fixed Deposit in any nationalised bank or Scheduled bank.
