Sandeep S. Metange And Others vs The State Of Maharashtra, Through ...
2021 Latest Caselaw 17853 Bom

                                                                            1                                        11-WP-2776-18

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

                                            WRIT PETITION NO. 2776 OF 2018

                                    SANDEEP S. METANGE AND OTHERS
                                                VERSUS
                                 THE STATE OF MAHARASHTRA AND OTHERS
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Office Notes, Office Memoranda of Coram,                                                    Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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                              Shri S. P. Bhandarkar, Advocate for petitioners.
                              Shri S. M. Ukey, Additional Government Pleader for respondent Nos.1, 2, 5
                              and 6.
                              Shri J. B. Kasat, Advocate for respondent Nos.3 and 4.

                              CORAM : A.S. CHANDURKAR AND G. A. SANAP, JJ.

DATE : 22/12/2021

1. In this writ petition, challenge has been raised to the declaration made under Section 6 of the Land Acquisition Act, 1894 (for short, 'Act of 1894') as well as subsequent award dated 28/01/2016 principally on the ground that the Notification under Section 6 of the Act of 1894 was published on 17/07/2014 which was after coming into force of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

2. The Division Bench by its order dated 21/08/2019 had referred the following questions by making a reference to the Full Bench.

1. What amounts to "initiation of land acquisition proceedings for the purposes of Section 24(1) of the 2013 Act" ?

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2. Whether publication of preliminary notification under Section 4 of the old Act amounts to "initiation of land acquisition proceedings" ?

OR

3. Whether publication of declaration under Section 6 of the old Act amounts to "initiation of proceedings" ?

3. The Full Bench by its judgment dated 17/12/2021 has answered the reference by stating in Paragraph No.55 as under :-

"55. In the result, we answer the reference as under :

(i) Publication of preliminary notification under Section 4 of the Old Act amounts to initiation of the land acquisition proceedings for the purposes of Section 24(1) of the New Act."

4. In the light of the legal position explained by the Full Bench, Shri S. P. Bhandarkar, learned counsel for the petitioners fairly submits that in view of the answer given by the Full Bench, the challenge as raised to the award would not now succeed.

5. The learned counsel for the respondents do not dispute this aspect.

6. Hence, considering the judgment of the Full Bench dated 17/12/2021, the prayers made in writ petition cannot be granted. The writ petition is accordingly dismissed.

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7. It is open for the petitioners to seek enhancement in the amount of compensation in accordance with law, if so advised.

8. Pending civil applications are also disposed of.

(G. A. SANAP, J.) (A.S. CHANDURKAR, J.)

Choulwar VITHAL Digitally signed by VITHAL MAROTRAO MAROTRAO CHOULWAR Date: 2021.12.23 CHOULWAR 11:15:34 +0530