Pandit Laxman Nagekar And Others vs The State Of ...
2023 Latest Caselaw 3236 Bom

                                                       1                                      50.WP.210-2023.odt




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

                             WRIT PETITION NO. 210 OF 2023
                                  ( Pandit Laxman Nagekar & Ors.
                                                Vs.
                                    State of Maharashtra & Ors. )

Office Notes, Office Memoranda                          Court's or Judge's orders
of Coram, Appearances, Court's
orders     or    directions and
Registrar's orders


                                  Mr. Gaurav O. Gadge, Advocate for the Petitioners.
                                  Ms. Tajwar Khan, AGP for the Respondent Nos. 1 to 3/State.
                                  Ms. Mallika V. Babhulkar, Advocate for the Respondent No.3.




                                  CORAM:        AVINASH G. GHAROTE, J.

DATED : 30th MARCH, 2023

Heard.

2. The petition seeks to challenge the order dated 12.08.2020, whereby the application of the petitioners for the enhanced compensation under Section 28-A of the Land Acquisition Act has been turned down on the ground that the petitioners have already received the compensation under the award dated 09.06.2005. This Court, in Motiram Zingar Wawre Vs. State of Maharashtra and others, 2017 (4) Mh.L.J. 627 , has held that the receipt of the compensation amount under the Rehabilitation package does not prohibit the land owner from seeking enhancement as it is his statutory right. The judgment in Vidarbha Irrigation Development Corporation through its Executive Engineer, Nagpur Vs.

2 50.WP.210-2023.odt

The Deputy Collector (Land Acquisition No.1), Nagpur and others, Writ Petition No. 3634/2022 with connected matters, decided on 20.07.2022 which considers Motiram (supra), has been challenged before the Hon'ble Apex Court, in which the delay has been condoned and a notice has been issued on interim relief, there is no stay to the judgment as passed in Writ Petition No. 3634/2022 decided on 20.07.2022. However, since it is stated that SLP is listed on 13.04.2023 before the Hon'ble Apex Court, list the matter on 13.04.2023.

JUDGE SD. Bhimte