Shri. Prashant Shankar Swami And ... vs The State Of Maharashtra , Thru ...
2023 Latest Caselaw 376 Bom

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                                                                                      7 - WP 1538 OF 2019.doc


                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
KANCHAN Digitally
VINOD
                  signed by
        KANCHAN VINOD
        MAYEKAR                                CIVIL APPELLATE JURISDICTION
        Date: 2023.01.11
MAYEKAR 11:20:17 +0530
                                               WRIT PETITION NO. 1538 OF 2019

                              Prashant Shankar Swami & Anr.                       ..... Petitioners

                                      VERSUS

                              The State of Maharashtra & Ors.                     ..... Respondents

                              Mr.Prashant Bhavake for the Petitioners.

                              Mr. A.I.Patel, Additional Government Pleader, a/w. Ms.K.N.Solunke,
                              A.G.P. for the State - Respondent nos.1 to 3.

                              Ms.Chaitrali A.Deshmukh for the Respondent no.4.

                                                        CORAM: R. D. DHANUKA AND
                                                               M.M. SATHAYE, JJ.

DATE : 10TH JANUARY, 2023

P.C:-

The short question that arises for consideration of this Court is

whether the petitioners are entitled to seek compensation under the

provisions of Right to Fair Compensation and Transparency in Land

Acquisition, Rehabilitation and Resettlement Act, 2013 in view of the

proviso to section 24(2) of the said Act on the ground that the actual

compensation in respect of the property of the petitioners to acquire the

writ property prior to 1st April,2014 has not been paid to the petitioners

prior to 1st April, 2014 and consequently whether the petitioners KVM

7 - WP 1538 OF 2019.doc

became entitled to claim the compensation under the provisions of

2013 Act or not.

2. It is the case of the acquiring body that the amount was already

deposited by the acquiring body with the Collector on 1 st April, 2014

though they have been actually disbursed after 1st April, 2014. Both

the parties propose to rely upon certain judgments.

3. Both the parties are directed to file copies of the judgments

which they proposed to rely upon and to serve copy of such judgment

on the other side on or before the next date. Place the matter on board

for admission on 16th January, 2023, to be placed High on Board.

      [M. M. SATHAYE, J.]                   [R. D. DHANUKA, J.]