A writ petition challenging land acquisition was disposed of after the Court noted that a previous petition regarding the Award under the 2013 Act had already been resolved, thereby redressing the grievance.
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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FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. APPELLATE SIDE JURISDICTION
Office Notes, Office Court's or Judge's orders. Memoranda of Coram, appearance, Court's orders or directions and Registrar's orders.
WRIT PETITION NO. 1156 OF 2011
LAXMAN GOVIND HAWALE AND ORS VERSUS
THE STATE OF MAHARASHTRA AND ORS
Advocate for Petitioners : Mr. Patil Shrikant S. AGP for Respondent Nos.1 to 4: Mrs. A.V.Gondhalekar. Advocate for Respondent No.6: Mr. S.D.Dhongde. ***
CORAM: B.P.DHARMADHIKARI & A. M. BADAR, JJ. DATED: 12th NOVEMBER, 2014.
PER COURT:
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petitioner is suitably rehabilitated he could not been dispossessed. Learned counsel is taking help of provisions of Maharashtra Project Affected Persons Rehabilitation Act, 1999. Fairly he has also invited out attention to Sections 16 to 19 and section 107 of the 2013 Act. He submits that passing of Award in terms of 2013 Act will also oblige Respondents to first implement the rehabilitation.
In the light of disposal of earlier writ petition, and these statutory provisions, we find that grievance of the petitioner is already redressed. However, with liberty to the petitioner to approach again if any fresh cause of
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action arises in his favour. we dispose of the present writ
petition. No costs.
[A. M. BADAR, J.] [B.P.DHARMADHIKARI, J.] Dt.12/11/2014 ans/1156
1 issue framed by the court
Whether the petitioner was entitled to claim rehabilitation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
3 provisions across 2 enactments
Laxman Govind Hawale and Ors
The State of Maharashtra and Ors
B.P. Dharmadhikari
A.M. Badar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
