The Court directed the land acquisition officer to make an award expeditiously within twelve weeks and allowed the depositing authority to withdraw deposited compensation.
Direction to the Special Land Acquisition officer to make an award within twelve weeks; permission to MARC to withdraw Rs.75,000/- deposit.
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
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.5096 OF 2007
Balkrishna Shanker Bangar ...Petitioner.
VS.
1.The State of Maharashtra & ors. ...Respondents
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Mr.M.R.Katikar, for Petitioner.
Mr.A.H.Palekar, AGP for Respondent nos.1 & 3.
Mr.P.P.Chavan i/b. Navdeep Vora & Associates for
Respondent no.2.
CORAM: D.K.DESHMUKH &
V.M.KANADE, JJ.
DATED: 20th February,2008.
P.C.:
1. The only direction sought by the petitioner
is that the land acquisition officer should make an
Award in favour of the petitioner for the land from
Survey no.74/2, Village Tondli, which has been
acquired. The petitioner has already lodged
objection before the Special Land Acquisition
officer. The question whether the petitioner is
entitled to compensation or not, being a disputed
question of fact cannot be decided by this Court.
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However, as the petitioner has already lodged
objection claiming compensation, the Special Land
Acquisition officer has to decide that question and
in case the Special Land Acquisition officer decides
against the petitioner, the petitioner has remedy
available to him provided by Law. In our opinion,
therefore, this petition cannot be entertained. The
learned Counsel appearing for land acquisition
officer stated before us that the land acquisition
officer shall make award as expeditiously as possible
in any case within twelve weeks from today. The
statement is accepted. The petition is disposed of.
. The amount of Rs.75,000/- which is deposited
by the Maharashtra Industrial Development Corporation
pursuant to order dated 24.9.2007, be permitted to be
withdrawn by M.I.D.C.
(D.K.Deshmukh, J.)
(V.M. Kanade, J.)
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2 issues framed by the court
Whether the Special Land Acquisition officer has the duty to decide on the objection to the award claiming compensation.
Whether the High Court can entertain a writ petition disputing facts regarding compensation entitlement.
Balkrishna Shanker Bangar
The State of Maharashtra
D.K.Deshmukh
V.M.Kanade
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court