Ramanshinh S/O Narayanshinh Gahalod vs The State Of Maharashtra, Thr. ...
2024 Latest Caselaw 56 Bom

Bombay High Court

Ramanshinh S/O Narayanshinh Gahalod vs The State Of Maharashtra, Thr. ... on 2 January, 2024

Author: M.S. Jawalkar

Bench: Avinash G. Gharote, M.S. Jawalkar

2024:BHC-NAG:65-DB



                                         1                         6-wp-7906-2023-J.odt


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

                            WRIT PETITION No. 7906 OF 2023

                     PETITIONERS:    :       Ramanshinh S/o. Narayanshinh
                                             Gahalod,
                                             Aged about 65 years,
                                             Occ. Agriculturist,
                                             R/o. Vishroli, Tq. Chandur Bazar,
                                             Dist. Amravati
                                                   Vs.
                     RESPONDENTS : 1         The State of Maharashtra,
                                             through its Secretary, Revenue and
                                             Forest Department, Mantralaya,
                                             Mumbai.
                                         2   The Collector, Collectorate Office,
                                             Amravati,
                                             Tq. & Dist. Amravati
                                         3   The Special Land Acquisition
                                             Officer, Upper Wardha Project
                                             No. 4, Amravati.
                                             Tq. & Dist. Amravati

                     Shri R.J.Shinde, Advocate for the petitioner.
                     Ms. S.S.Jachak, Addl. G.P. for respondents/State.

                                CORAM:       AVINASH G. GHAROTE AND
                                             SMT. M.S. JAWALKAR, JJ.

                                DATED : 02nd JANUARY, 2024

                      JUDGMENT (Per : SMT. M.S. JAWALKAR, J.)

The present petition is filed for direction to the 2 6-wp-7906-2023-J.odt

respondents authority to decide the representation dated

08/05/2023 filed by the petitioner and to grant enhance

compensation as per the Judgment and Award dated

21/07/2015 passed in LAC No. 41/2009 in the same

acquisition proceedings.

2. The field Gat No. 70, total admeasuring 1.57 HR,

Rental 1.59 was initially jointly owned and possessed by

Narayansingh Panchamsingh Thakur and Basantibai

Panchamsingh Thakur who were the father and grandmother

of the petitioner. The said land was acquired by the

respondents authority for the purpose of construction of

Purna dam Project so also acquired other lands in the year

1996-1997.

3. Heard the learned counsel for the petitioner and

learned AGP for respondents/State.

4. This Court has already issued direction in Writ

Petition No. 860/2021. Accordingly, this petition also needs

to be decided in the said terms.

3 6-wp-7906-2023-J.odt

5. Hence, Rule.

6. Rule made returnable forthwith.

7. Heard finally by consent of learned counsel

present before this Court.

8. Respondent no. 2 is directed to treat this Writ

Petition as an application filed under Section 28-A of the

Land Acquisition Act and decide the claim made in this

petition for grant of enhance compensation on the ground of

parity, in accordance with law, as expeditiously as possible

and preferably within six months from the date of

appearance of the petitioner before him.

9. The petitioner to appear before respondent no. 2

on 22/01/2024.

10. The petition is disposed of in the above terms.

11. Rule made accordingly. No costs.

(SMT. M.S.JAWALKAR, J.) (AVINASH G. GHAROTE, J.)

B.T.Khapekar

Signed by: Mr. B.T. Khapekar Designation: PA To Honourable Judge Date: 03/01/2024 19:22:35