Writ Petition dismissed. The Court held that the petition was not maintainable as the Petitioner had specific statutory remedies under Sections 18 and 28-A of the Land Acquisition Act available after the award was passed.
Writ Petition dismissed. No costs.
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.
1 WP7572.15
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
WRIT PETITION NO. 7572 OF 2015
Bhimrao Shivaji Wankhede .. Petitioner Versus
The State of Maharashtra, Through its Secretary, Land and Revenue Department, Mantralaya, Mumbai and another .. Respondents
Shri K. T. Shirurkar h/f Shri S. R. Kolhare and P. S. Kochar, Advocate for the Petitioner. Miss S. S. Raut, A. G. P. for Respondents.
CORAM : S. V. GANGAPURWALA AND K. K. SONAWANE, JJ. DATE : 3RD AUGUST, 2016.
PER COURT :-
2 WP7572.15
Officer does not have any power in that regard.
[ K. K. SONAWANE, J. ] [ S. V. GANGAPURWALA, J. ]
sam/July.16
3 issues framed by the court
Whether a disability warranting enhanced compensation can be considered after the award has already been passed.
Whether the Land Acquisition Officer has the power to enhance compensation for a disabled landowner post-award.
Whether a writ petition is maintainable in lieu of remedies available under Sections 18 and 28-A of the Land Acquisition Act.
2 provisions across 1 enactments
Bhimrao Shivaji Wankhede
The State of Maharashtra
S. V. GANGAPURWALA
K. K. SONAWANE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
