Disposed

Mr. Nitin Babanrao Nakhate v. Shamal Damodar Gaikwad and Ors.

Bombay HC6 Sept 2018WP/10075/2018

Case brief

AI extract

What is this about?

Writ petition seeking directions to follow due process before demolishing structures for a Ring Road Railway Project. The court directed filing of individual representations and a six-week timeline for grievance redressal by authorities.

What did the court decide?

Directions to file individual representations; authorities to examine grievances within six weeks; liberty to hold personal hearing if needed.

Mr. Nitin Babanrao Nakhate Vs Shamal Damodar Gaikwad and Ors. — Land Acquisition | Bombay HC (2018)

902-wp-10075-18.doc

pdp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO. 10075 OF 2018

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Mr. Nitin Babanrao Nakhate & ors.

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.. Petitioners

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Vs.

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State of Maharashtra and ors.

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.. Respondents

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Mr. Uday P. Warunjikar for petitioners. Mr. P. P. Kakade, AGP for respondent no.1 – State. Mr. Rohit Sakhadeo for respondent no.2.

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CORAM: NARESH H. PATIL, ACTING CJ & R. G. KETKAR, J.

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SEPTEMBER 06, 2018.

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P.C.

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The learned counsel for the petitioners submits that they may be

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evicted by respondent nos.2 and 3 from the subject structures for the

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purposes of implementation of the Ring Road Railway Project. The

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learned counsel further submits that some sub-contractor had approached

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the petitioner intimating them to vacate the subject structures. Therefore,

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902-wp-10075-18.doc

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the petitioners are seeking directions to the respondents to follow due process of law if the respondents intends to demolish / acquire subject land and the structures constructed and occupied by the petitioners.

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The learned counsel appearing for the respondent no.2 submits that under the project, part of the area falls under the jurisdiction of respondent no.2 and part under the jurisdiction of respondent no.3 and, therefore, petitioners need to file a comprehensive individual representation indicating that they are possessing respective structure / area so that individual cases can be scrutinized. The said representation shall be submitted to the respondent no.2 and to the Chief Executive Officer of respondent no. 3 separately within two weeks from today. On receipt of the said individual representations, we direct the respondent no.2 and the Chief Executive Officer of respondent no.3 to look into the grievances of the petitioners and take necessary steps in accordance with law within six weeks thereafter. In case the authorities find that it is necessary to hear the parties in person by deputing officer concerned, they are at liberty to do so. The Commissioner of the Corporation is entitled to delegate this exercise to an officer working under him.

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With the aforesaid observations and directions, petition is

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disposed of.

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All concerned to act on an authenticated copy of this order.

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R. G. KETKAR, J. ACTING CHIEF JUSTICE

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Pravin Dasharath Pandit

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Digitally signed by Pravin Dasharath Pandit Date: 2018.09.10 12:25:37 +0530

Mr. Nitin Babanrao Nakhate v. Shamal Damodar Gaikwad and Ors.

Case brief

What is this about?

What did the court decide?

Mr. Nitin Babanrao Nakhate v. Shamal Damodar Gaikwad and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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