Smt. Nirmala Kailashnath ... vs Deputy Collector, Land ...
2021 Latest Caselaw 17563 Bom

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                     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               NAGPUR BENCH, NAGPUR.

                         CIVIL APPLICATION (CAW) NO. 2049 OF 2021
                                            IN
                        CIVIL WRIT PETITION NO. 5048 OF 2021

                              Nirmala Kailashnath Waghdhare
                                             -Vs-
    Deputy Collector, Land Acquisition (General), Nagpur, Special Land Acquisition Officer
                             (General), Nagpur (Maharashtra)

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Office notes, Office Memoranda of
Coram, appearances, Court's orders                                   Court's or Judge's Orders.
or directions and Registrar's orders.
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                                       Mr. R.D.Bhuibhar, counsel for the petitioner.
                                       Mr .K.L.Dharmadhikari, A.G.P for respondent No.1.




                                               CORAM : SUNIL B.SHUKRE &
                                                       ANIL L. PANSARE, JJ.

                                                DATE             : 16.12.2021.



                                  1.            Heard.

2. For the reasons stated in the application, the application is allowed.

3. Amendment be carried out before the issuance of notice.

4. Civil Application is disposed of.

WRIT PETITION N.5048 OF 2021.

5. By this Writ Petition, the petitioner has questioned the legality and correctness of the award of compensation dated 06.09.2021 regarding compulsory

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acquisition of the land of the petitioner on the ground that it takes the date of personal hearing as the relevant date for determination of the compensation as per the market value, which is contrary to the specific directions given by this Court, in the earlier order of litigation being Writ Petition No.316 of 2017, wherein, this Court had directed the respondents to determine the compensation payable in respect of the lands owned by the petitioners, as per the market value of the land as on the date of taking over possession of lands in accordance with Section 3-E of the National Highways Act, 1956.

6. Learned counsel for the petitioner submits that the judgment dated 28.03.2019, delivered in Writ Petition No.316 of 2017 envisages taking over of the possession of the lands in question first and then would follow the determination of the compensation payable as per the market value of the lands as on the date of taking over of the possession of the lands in accordance with section 3-E of the National

7. Highways Act, 1956. It is further submitted that however, this procedure has not been adopted before passing of the impugned award in the present case.

8. Issue notice for final disposal at admission stage to the respondents, returnable after four weeks.

9. Learned Addl.GP waives service of notice for respondent No.1.

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10. Learned Addl.GP to seek instructions in the matter.

11. Till filing of the reply by the respondents, we direct the respondents to not proceed further in pursuance of the impugned award and the communication dated 09.12.2021.

(ANIL L.PANSARE, J) (SUNIL B. SHUKRE,J)

Signed By:KAVITA PRAVIN TAYADE P. A.

Signing Date:16.12.2021 12:26

Kavita