Disposed

Muniraj Kaknaji Kshirsagar and Others v. the State of Maharashtra and Others

Bombay HC14 Dec 2016WP/11699/2015

Case brief

AI extract

What is this about?

This single-paragraph order addressed a writ petition regarding compensation for acquired land. The court held that under Section 24(1) of the RFLA 2013, compensation must be determined by the respondents as per the 2013 Act with adjustment for amounts already paid.

What did the court decide?

Respondents to determine compensation for acquired lands under Award dated 11.04.2014 as per the RFLA 2013 with adjustment for amount already paid.

Muniraj Kaknaji Kshirsagar and Others Vs the State of… — Land Acquisition | Bombay HC (2016)

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38.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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38 WRIT PETITION NO. 11699 OF 2015

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MUNIRAJ KAKNAJI KSHIRSAGAR AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS

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...

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Advocate for Petitioners : Mr. Chincholkar G. N.
AGP for Respondents Sate: Mrs. V. H.Patil
Advocate for Respondent No.4 : Mrs. Ranjana D. Reddy

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CORAM: S. V. GANGAPURWALA &
K. L. WADANE, JJ.
 DATE:14th December, 2016

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ORDER:

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1. Mr. Chincholkar, the learned counsel for the

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petitioners submits that in the present matter, award

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in respect of acquired land has been passed on 11th
April, 2014. In view of provisions of Section 24(1) of
the Right to Fair Compensation and Transparency in Land
Acquisition, Rehabilitation and Resettlement Act, 2013
the petitioners are entitled for the compensation as
per the said Act of 2013.

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2. Learned AGP submits that the Deputy Collector,
(Land Acquisition) M.I.W. Nanded has filed affidavit
stating that the amount of compensation payable to the
petitioners would be decided as per the New Act, 2013.

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Mrs. Reddy, the learned counsel appearing for the
Acquiring Body submits that the petitioners have been

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38.odt

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paid the compensation amount. They also preferred
reference. Now they cannot agitate about this aspect.

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3. Provisions of Section 24(1) of the Act of 2013
are abundantly clear. If the award is not passed till
enforcement of the Act, 2013, the compensation has to
be paid and computed as per the Act, 2013. The special
Land Acquisition Officer, in his affidavit in reply
has also stated that he will determine the amount of
compensation payable to the petitioners in accordance
with the provisions of the Act, 2013.

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4. In the light of above, we pass following order:

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O R D E R

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The respondents shall determine the compensation
payable to the acquired lands of the petitioners under
Award dated 11.04.2014, as per the Act of 2013. The
amount of compensation already paid shall be adjusted.

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5. Writ petition is accordingly disposed of. No
costs.

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(K. L. WADANE, J.) (S. V. GANGAPURWALA, J. )

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JPC

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Muniraj Kaknaji Kshirsagar and Others v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

Muniraj Kaknaji Kshirsagar and Others v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

Parties & counsel

Coram

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