The High Court dismissed the writ petition challenging the rejection of an application under Section 48(1) of the Land Acquisition Act. The Court found no illegality in the acquired area calculation based on the petitioners' actual holding records. The petition was rejected.
Null
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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WP-2119-14.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.2119 OF 2014
Maruti Sakharam Shewale (Since deceased through legal heirs) V/s.
The Collector, Kolhapur & Ors.
...Petitioners.
...Respondents.
Mr. Uday Bhagwanrao Nighot for the Petitioner. Mr. V. S. Gokhale, AGP for Respondent Nos.1 to 5.
CORAM : A.S.OKA & V.L. ACHLIYA,JJ.
DATE : 8th SEPTEMBER, 2015
P.C.:
. Heard the learned counsel for the petitioners.
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1995 by which an area of 40.2 Acres out of Gat No.286/1 was purchased by the predecessor of the petitioners. He urged that the petitioners were never holding an area of 53.8 Acres of Gat No.286/1. He pointed out that area of 40.2 Acres was sold by the predecessor of the petitioners. He submits that even if the area of Gat No.286/1 is taken as 53 R, the area of the acquired land will be less than 20 R and, therefore, in view of the Government Circular dated 28/10/1997, the acquisition cannot be made.
(V. L. ACHLIYA, J.)
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WP-2119-14.doc
C E R T I F I C A T E
“ Certified to be true and correct copy of the original signed Judgment/Order.”
2 issues framed by the court
Whether the High Court should interfere with the rejection of an application for compensation under Section 48(1) of the Land Acquisition Act, 1984.
Whether the acquisition violates provisions related to holding size limits under the Government Circular dated 28/10/1997.
1 provisions across 1 enactments
Maruti Sakharam Shewale (Legal Heirs)
The Collector, Kolhapur
A.S. Oka
V.L. Achliya
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
