Two writ petitions challenging land acquisition were dismissed as infructuous after the government shelved the proposal and deleted the property from the acquisition notification.
The writ petitions were dismissed as infructuous; Rule discharged with no order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE
Writ Petition No.1795 of 1999
Shri Subhash Ramchandra Teli & anr. Vs.
State of Maharashtra & ors.
Petitioners
Respondents
With
Writ Petition No.5617 of 1999
Mr.V.Krishnamurthy Subramanian & ors. Petitioners Vs.
State of Maharashtra & ors.
Respondents
Mr.A.V.Anturkar for petitioner in WP 1795/1999.
Mr.Vinay Sonpal, AGP for State.
CORAM: B.H.MARLAPALLE & NARESH H.PATIL,JJ.
October 09, 2006.
P.C.
The affidavit-in-reply filed by Smt. Monika
. Singh, Special Land Acquisition Officer No.1, Mumbai Pune Expressway on behalf of the respondent no.3 clearly states that after the notification under Section 4 of the Land Acquisition Act, 1894 was published in respect of the petitioners’ property in Survey No.83/2/B admeasuring 2 H. and 2 R. and situated at village Tathwade, the Government of Maharashtra dropped the said proposal and the petitioners’ land has been deleted by the order dated 14/3/2002 passed by the Additional Commissioner, Pune and published in the Government Gazette dated 4th
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April 2002. It is further stated that the mega city project which was proposed and for which the notification under Section 4 of the Land Acquisition Act was issued, has been shelved by the State
Government and, therefore, even the second petition does not survive.
. Hence both these petitions do not survive any further and the same are dismissed as infructuous.
Rule is discharged with no order as to costs.
(NARESH H. PATIL,J)
(B.H.MARLAPALLE,J.)
1 issue framed by the court
Whether writ petitions survive after land acquisition proposal was dropped by the Government of Maharashtra
1 provisions across 1 enactments
Shri Subhash Ramchandra Teli & anr.
State of Maharashtra & ors.
Mr.V.Krishnamurthy Subramanian & ors.
State of Maharashtra & ors.
B.H.MARLAPALLE
NARESH H.PATIL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
