Disposed

Nishant Shivaji Dhavalshankh and Another v. the Union of India and Others

Bombay HC8 Jun 2018WP/4149/2017

Case brief

AI extract

What is this about?

The High Court at Aurangabad, on a writ petition regarding compensation for acquired land, directed the competent authority to compute payment under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 within three months and payment within a further two months.

What did the court decide?

Directions to competent authority to determine compensation under the RFR Act, 2013 within three months and pay within further three months.

Nishant Shivaji Dhavalshankh and Another Vs the Union of… — Land Acquisition | Bombay HC (2018)

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1 Sr996WP4149.2017

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

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WRIT PETITION NO. 4149 OF 2017

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Shri. Nishant Shivaji Dhavalshankh & Anr.

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Petitioners...

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Versus

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The Union of India & Ors.

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Respondents...

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Mr N. K. Tungar, Advocate for the petitioners Mrs M. A. Deshpande, AGP for respondent/State

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CORAM : R. M. BORDE & A. M. DHAVALE, JJ.

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DATE : 8^TH JUNE, 2018.

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PER COURT:-

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. The petitioner is praying for issuance of directions to the respondents to compute the amount of compensation payable to the petitioner in respect of the acquired land in accordance with the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as “Act of 2013”) and to pay the same.

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The petitioner contends that, the proceedings have been initiated and the land has been acquired after the enforcement of the act of 2013 i.e. after 01.01.2014 and as such, the compensation in

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2 Sr996WP4149.2017

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respect of the acquired land shall have to be determined in accordance with the provisions of the Act of 2013.

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An affidavit-in-reply has been presented on behalf of respondent No. 4 - National Highway Authority of India, wherein it has been stated that the amount of compensation has not been deposited in the accounts of beneficiaries on or before 31.12.2014. As such, the petitioners are entitled for compensation as per First and Second Schedule of the Act of 2013.

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The competent authority shall determine the amount of compensation payable to the petitioners in terms of the Act of 2013, as expeditiously as possible, preferably within a period of three months from today and on such determination, respondent No. 4 shall make payment within further period of three months.

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With the directions as above, the writ petition is disposed

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of.

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[ A. M. DHAVALE ] [ R. M. BORDE ] JUDGE JUDGE

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Punde

Nishant Shivaji Dhavalshankh and Another v. the Union of India and Others

Case brief

What is this about?

What did the court decide?

Nishant Shivaji Dhavalshankh and Another v. the Union of India and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Statutes considered

Parties & counsel

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