Disposed

Rama Nama Mundkar (Since Decd) through Lrs v. the Special Land Acquisition Officer, Metro Centre NO.3, Panvel and Anr.

Bombay HC15 Apr 2014WP/1689/2014

Case brief

AI extract

What is this about?

The High Court of Bombay directed the Special Land Acquisition Officer to produce pending Section 28-A application details and decide it within six months if no appeal is pending, reserving all contentions on maintainability and merits for future proceedings.

What did the court decide?

Petition disposed with direction to decide application within six months if appeal not pending.

Rama Nama Mundkar (Since Decd) through Lrs Vs the Special… — Land Acquisition | Bombay HC (2014)

wp-1689.14

pmw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO.1689 OF 2014

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Rama Nama Mundkar (deceased) Through Lrs.

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... Petitioners

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Vs.

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The Special Land Acquisition Officer and Anr. ... Respondents

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Mr. Anand Kulkarni i/by Mr. Sachin S. Punde, for the Petitioners. Mr. V.P. Malvankar, AGP 'A' Panel, for the Respondent Nos.1 and 2.

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CORAM : A.S. OKA & A.A. SAYED, JJ. DATE : 15^th APRIL, 2014

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P.C.

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. Heard the learned counsel appearing for the Petitioners and

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the learned AGP for the Respondents. The grievance of the Petitioners is that the application made by the Petitioners under Sub-section (1) of Section 28-A of the Land Acquisition Act, 1894 (for short “the said Act”) is still pending. It is pointed out that the application is filed on 20 th April, 2013. The learned AGP has no instructions on this aspect. If an Appeal against the Award in L.A.R. No.445 of 2000 is not pending, the Land Acquisition Officer will have to decide the application in accordance with law as expeditiously as possible.

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wp-1689.14

Hence, we pass the following order :-

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ORDER

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(i) We direct the Petitioners or their authorised representative to appear before the first Respondent on 12th May, 2014 at 11.00 am who shall produce an office copy of the application under Sub-section (1) of Section 28-A before the first Respondent on that date;

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(ii) If an Appeal against the Judgment and Award in Land Acquisition Reference No.445 of 2000 is not pending, the first Respondent shall make an endeavour to decide the Application of the Petitioners as expeditiously as possible and in any event within a period of six months from 12th May, 2014;

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(iii) We make it clear that we have made no adjudication on the issue of maintainability of the application made by the Petitioners as well as on the merits of the Application and all contentions of the parties in that behalf are kept open;

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(iv) Petition is disposed of on above terms;

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(v) Parties to act upon the authenticated copy of this order.

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(A.A. SAYED, J ) (A.S.OKA, J )

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Rama Nama Mundkar (Since Decd) through Lrs v. the Special Land Acquisition Officer, Metro Centre NO.3, Panvel and Anr.

Case brief

What is this about?

What did the court decide?

Rama Nama Mundkar (Since Decd) through Lrs v. the Special Land Acquisition Officer, Metro Centre NO.3, Panvel and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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