Disposed

Narayan Bhanudas Nimbalkar v. the State of Mah and Ors.

Bombay HC8 Apr 2014WP/6296/2012

Case brief

AI extract

What is this about?

The court disposed of a writ petition where the petitioner claimed their property was taken in possession before land acquisition proceedings began. The court directed respondents to determine and disburse rental compensation if the claim is found to be valid within six months.

What did the court decide?

Directions issued to respondents to determine and disburse rental compensation to the petitioner if possession was taken prior to acquisition proceedings, within six months.

Narayan Bhanudas Nimbalkar Vs the State of Mah and Ors. — Land Acquisition | Bombay HC (2014)

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 WP 6296/12

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- 1 -

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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BENCH AT AURANGABAD

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 WRIT PETITION NO.6296/2012

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Narayan Bhanudas Nimbalkar.

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...Petitioner..

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Versus

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The State of Maharashtra & others.
...Respondents...

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 .....

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Shri C.M. Kajale, Advocate for petitioner.
Shri K.G. Patil, AGP for respondent nos.1 to 3.
Respondent no.4 served.

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 .....

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CORAM: R.M. BORDE & A.M. BADAR, JJ.

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DATE: 08.04.2014

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ORDER :

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1]The petitioner claims that the respondent no.4 -
acquiring body has taken possession of landed property

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belonging to the petitioner before initiation of

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proceedings under the Land Acquisition Act. The
petitioner contends that the possession of the property

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has been taken over prior to 1988, whereas the

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proceedings for acquisition were initiated with issuance
of Section 4 notification by the Collector on 22.7.1988

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and the award has been passed on 12.7.1999. The
petitioner has tendered an application to the Collector

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 WP 6296/12

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claiming rental compensation in accordance with the
scheme formulated by the Government in that behalf.

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2]In the facts and circumstances of this case, this
petition is disposed of by issuing directions to the
respondent nos.3 & 4 to determine the amount of rental
compensation payable to the petitioner, in the event of
reaching satisfaction that, possession of the property
has been taken over prior to initiation of land
acquisition proceedings, in accordance with policy

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prescribed by the Government in that behalf, as
expeditiously as possible and preferably within a period
of six months from today. In the event the respondent
nos.2 & 3 proceed to hold the petitioner entitled to

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receive the rental compensation, the same shall be
disbursed by the respondent no.4 as expeditiously as
possible and preferably within a period of six months
from such determination.

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3]With the directions as above, the writ petition
stands disposed of.

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ndk/c841419

Narayan Bhanudas Nimbalkar v. the State of Mah and Ors.

Case brief

What is this about?

What did the court decide?

Narayan Bhanudas Nimbalkar v. the State of Mah and Ors.

Case brief

What is this about?

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What the court decided

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