Naresh S/O Mannaprasad Pathak And ... vs State Of Maharashtra, Thr. Its ...
2023 Latest Caselaw 9582 Bom

  2023:BHC-NAG:13560-DB



                   02.wp.8489.2018.odt                                                                               1


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

                                               WRIT PETITION NO.8489 OF 2018
                                (Naresh s/o Mannaprasad Pathak and anr. Vs. State of Maharashtra and ors.)
                   --------------------------------------------------------------------------------------------------------
                   Office Notes, Office Memoranda of                             Court's or Judge's Order
                   Coram, appearances, Court's Orders
                   or directions and Registrar's order
                   ---------------------------------------------------------------------------------------------------------
                                          Mr. S.K. Bhoyar, Advocate for the petitioner.
                                          Mrs. K.S. Joshi, Addl. G.P. for respondent Nos.1 to 4/State.
                                          Mr. S.D. Paliwal, Advocate for respondent No.5.

                                            CORAM          :     AVINASH G. GHAROTE &
                                                                 URMILA JOSHI-PHALKE, JJ.

                                            DATED          :     SEPTEMBER 12, 2023

                                                               Heard.

2. The issue regarding non-utilisation of the land within a period of five years of the date of acquisition, and therefore, the return of the land, now stands covered by the judgment of the Constitution Bench of the Hon'ble Apex Court in Indore Development Authority Vs. Manoharlal and ors. [(2020) 8 SCC 129] , para 363 in which it has been specifically held that this is not permissible under the Land Acquisition Act, 1894 which is the plea raised by the application at page 151. Considering which the question raised already stands covered and answered in Indore Development Authority Vs. Manoharlal and ors. (supra).

3. The petition, is therefore, dismissed. No costs.

(URMILA JOSHI-PHALKE, J.) (AVINASH G. GHAROTE, J.) Signed by: Mrs. Divya Baldwa *Divya Designation: PA To Honourable Judge Date: 12/09/2023 17:04:40