Disposed

Shri. Ravi Prabhudas Mahbubani and Anr. v. the State of Maharashtra through the Secretary to the Industries Energy and Labour Dept. and Ors.

Bombay HC28 Nov 2016WP/8552/2014

Case brief

AI extract

What is this about?

The High Court of Bombay directed the Competent Authority to pass appropriate orders on the Petitioners' compensation claims within three months, considering the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, without commenting on the merits of the case.

What did the court decide?

Directed Competent Authority to pass orders within three months considering claims under Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

Shri. Ravi Prabhudas Mahbubani and Anr. Vs the State of… — Land Acquisition | Bombay HC (2016)

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1 of 36-WP-8552-2014

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8552 OF 2014

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Shri Ravi Prabhudas Mahbubani & Anr. V/s.

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The State of Maharashtra & Ors.

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..Petitioners.

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..Respondents.

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Mr. Rompal S. Kohli, Advocate for Petitioners. Mr. P.P. Chavan i/by Mr. Navdeep Vora & Associates, Advocate for R.Nos.4 and 6.

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Ms. Nisha Mehra, AGP for R.Nos.1 to 3 and 5.

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CORAM : SHANTANU S. KEMKAR AND PRAKASH D. NAIK, JJ. DATE : 28^th November 2016

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PC :

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1 The grievance of the Petitioners is that in spite of the order being passed by the Division Bench of this Court on 12.4.2013 in Writ Petition No.12148 of 2012 in Ravi Prabhudas Mahbubani & Ors. v. State of Maharashtra & Ors. , the Competent Authority, Respondent Nos.2 and 3 have not passed the award .

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2 We find that in the earlier round of litigation, the award passed earlier i.e. on 14.2.2012 was quashed in regard to the present petitioners and the Competent Authority was directed to make adjudication and pass appropriate orders but till date, the decision as aforesaid is not taken. Today, when the matter came for hearing, the learned counsel for Petitioners made limited prayer that this petition may be disposed of by directing the Competent Authority (Respondent Nos.2 and 3) to pass appropriate orders as directed by

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Shivgan

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2 of 36-WP-8552-2014

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this Court in Writ Petition No.12148 of 2012 as expeditiously as possible.

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3 Keeping in view the earlier order passed by this Court giving time bound direction to pass order within six months, we dispose of this petition by directing the Competent Authority (Respondent Nos.2 and 3) to pass orders expeditiously but not later than three months from the date of receipt of this order. The Competent Authority shall consider all the grounds that may be raised by the Petitioners in regard to their claim including the contention that they entitled for compensation in terms of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Before passing the fresh order, the Competent Authority shall give opportunity of hearing to all the concerned parties.

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4 Needless to say that we have not commented upon the merits of the matter and all contentions of all the parties are left open.

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5 The Petition, accordingly, stands disposed of.

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(PRAKASH D. NAIK, J.) (SHANTANU S. KEMKAR, J.)

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Shivgan

Shri. Ravi Prabhudas Mahbubani and Anr. v. the State of Maharashtra through the Secretary to the Industries Energy and Labour Dept. and Ors.

Case brief

What is this about?

What did the court decide?

Shri. Ravi Prabhudas Mahbubani and Anr. v. the State of Maharashtra through the Secretary to the Industries Energy and Labour Dept. and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

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