Dismissed

Rajendra Harikishan Dhawan and Ors. v. State of Maharashtra, through Public Works Dept and Ors.

Bombay HC7 Feb 2017WP/4741/2013

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition challenging land acquisition. The Court held that discrepancies regarding the measurement of acquired land cannot be adjudicated in this writ jurisdiction. Petitioners were directed to seek declaration and compensation through the appropriate statutory forum.

What did the court decide?

Petition dismissed; petitioners directed to approach the appropriate forum for declaring land and claiming compensation.

Rajendra Harikishan Dhawan and Ors. Vs State of Maharashtra… — Land Acquisition | Bombay HC (2017)

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WP 4741-2013

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO. 4741 OF 2013

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Rajendra Harikishan Dhawan & Ors. V/s

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State of Maharashtra & Ors.

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.. Petitioners

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.. Respondents

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Mr. S.B. Deshmukh for the petitioners.

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Mr. Rakesh Singh i/b M.V. Kini & Co. for respondent no.3. Mrs. M.P. Thakur, AGP for respondent nos.1, 2 and 4.

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CORAM: DR. MANJULA CHELLUR, CJ. & G.S. KULKARNI, J.

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DATE : 7^th FEBRUARY 2017

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P.C.:

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Heard learned counsel for the petitioners as well as Government.

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We have gone through the report submitted along with the sketch in terms of the directions of this Court dated 23^rd November 2015. According to the petitioners, they own about 52 ares of land in Gat No.650 in Adgaon Village, Taluka and District Nashik. In other words, their further grievance is that without passing any statutory award or paying any compensation to the petitioners, their land is taken away without any due process of law. After filing the writ petition, their grievance seems to be that in the

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WP 4741-2013

guise of acquiring 10 ares of land, as alleged by the respondent Authority, they have acquired more than 10 ares of land since the balance of land, which is in their possession, is measuring only 32 ares.

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In terms of statement of the respondent Authority as directed by this Court, now the boundaries of 10 ares of land, which is acquired according to the respondent Authority, is demarcated as per the sketch. There is also record to show that Rs.60 lakhs of compensation and 10% compensation thereon, i.e. in all Rs.66 lakhs was already paid to the petitioners by way of cheque. If there is any dispute with regard to measurement or boundaries, we are afraid, in this writ petition the same cannot be adjudicated. If at all, the petitioners have any grievance with regard to another measurement of 10 ares of land other than the demarcated land, first they have to get a declaration and identification of total 52 ares of land and then fight for payment of compensation if really another 10 ares of land is acquired.

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In the light of the above observations, we dispose of the writ petition directing the petitioners to approach any other forum which can decide their dispute in due process of law.

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(G.S. KULKARNI, J.)

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CHIEF JUSTICE

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ABS

Rajendra Harikishan Dhawan and Ors. v. State of Maharashtra, through Public Works Dept and Ors.

Case brief

What is this about?

What did the court decide?

Rajendra Harikishan Dhawan and Ors. v. State of Maharashtra, through Public Works Dept and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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