Allowed

Uttam Nilkanth Sonwane and Others v. the State of Maharashtra and Others

Bombay HC14 Jul 2016WP/2898/2016

Case brief

AI extract

What is this about?

This writ petition sought compensation for land acquired under a section 4 notification. The court held the issue was covered by a prior judgment and allowed the petition, directing authorities to determine and pay compensation within six months.

What did the court decide?

Petition allowed; Respondent authorities directed to determine and pay compensation within six months.

Uttam Nilkanth Sonwane and Others Vs the State… — Labour and Industrial Disputes | Bombay HC (2016)

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wp2898.16.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD

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WRIT PETITION NO. 2898 OF 2016

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Uttam Nilkanth Sonwane age 69 years, occ. Agril. r/o 'Mukti Apartment' Plot No. 26, Janta Raja Chowk Mahabal Colony, Jalgaon Dist. Jalgaon

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Pralhad Shamrao Sonwane age 50 years, occ. Agril r/o Sujde, Post Bholane Tq. & Dist. Jalgaon

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Balu Ukhardu Sonwane age 55 years, occ. Agril. r/o Nandra, Post Dhamangaon Tq. & Dist. Jalgaon .. PETITIONERS

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VERSUS

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The State of Maharashtra Water Resources Department, Mantralaya, Mumbai.

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Special Land Acquisition Officer Jalgaon, Division Jalgaon

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Executive Engineer, Waghur Project Jalgaon Dist. Jalgaon

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The Collector, Collector Office, Jalgaon .. RESPONDENTS

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Mr. G.V. Wani, advocate for petitioners. Mr. M.V. Kangne, AGP for the State.

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=====

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CORAM : R.M. BORDE & K. L. WADANE, JJ. DATE : 14^th JULY, 2016. ORAL JUDGMENT : ( PER R. M. BORDE, J. )

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wp2898.16.doc

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Rule. Rule made returnable forthwith.

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Heard finally with the consent of learned counsel for the respective parties.

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Issue raised in the instant petition is no more res integra and is covered by judgment delivered by this Court in Writ Petition no. 2390/2015 and other companion matters decided on 21.09.2015.

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For the reasons set out in the aforesaid judgment, instant petition deserves to be allowed. Respondent – State authorities are directed to determine the amount of compensation payable to petitioners covered by section 4 notification in respect of the award in accordance with provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The exercise of determination of amount of compensation as directed above and payment thereof shall be completed within a period of six months from today. Rule made absolute to the extend specified above. In the facts and circumstances of the case, there shall be no order as to costs.

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( K. L. WADANE ) ( R. M. BORDE ) JUDGE JUDGE

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Uttam Nilkanth Sonwane and Others v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

Uttam Nilkanth Sonwane 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

Issues for consideration

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