Dismissed

Suresh S/O Gangadhar Dhirade and Another v. the Secretary, Dept. of Irrigation, Mumbai and Others

Bombay HC4 Oct 2019WP/947/2019

Case brief

AI extract

What is this about?

Writ petition challenging the return of land acquired for an irrigation colony is dismissed. The court held that the petitioner has no enforceable legal right for return of land, as the Land Acquisition (Companies) Rules do not apply to this acquisition, and no alb or malafides have been found.

What the court decided

AI extract

Suresh S/O Gangadhar Dhirade and Another Vs the Secretary… — Land Acquisition | Bombay HC (2019)

Order

0410wp947.19

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

¶5

WRIT PETITION NO. 947/2019.

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Suresh Gangadhar Dhirade and another

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-VERSUS-

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The Secretary, Department of Irrigation and others.

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Office notes, Office Memoranda of
Coram, appearances, Court's orders Court’s or Judge’s Orders
or directions and Registrar’s orders.

¶10

Shri A.J. Salway, Advocate for the Petitioner.
Ms. N.P. Mehta, A.G.P. for Respondent Nos.1 and 2.
Shri V.G. Palshikar, Advocate for Respondent No.3.
Shri S.A. Sahu, Advocate h/f. Shri M.I. Dhatrak, Advocate
for Respondent No.4.

¶11

CORAM: R. K. DESHPANDE
& VINAY JOSHI, JJ.

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DATE : OCTOBER 04, 2019.

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Heard.

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2.By this petition, petitioners seek direction

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to respondents to return their land acquired under

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notification dated 14.05.1982. The award in the

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matter was passed on 28.03.1984, and petitioners
have received compensation. No reference was filed
and now, petitioners are coming before this Court
alleging that the lands are not utilized for the purpose

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of construction of irrigation colony, for which it was

Order

0410wp947.19

acquired, and therefore, they are entitled to return of
land. Reliance is placed upon Rule 8 of the Land
Acquisition (Companies) Rules, 1963.

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3.The Land Acquisition (Companies) Rules,
1963 would not be attracted in the present case for the
reason that the acquisition for the project of irrigation
department was under notification under Section 6,
issued on 14.05.1982. After acquiring the land, the
same came to be transferred to VIDC, which is not a
Company registered under the Companies Act.
Thereafter, the land was transferred to Municipal
Council, Katol.

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4.We therefore, do not find any legal right in
favour of petitioners which can be enforced by filing
this Writ Petition for return of land. It is for the
Government/Collector, as to what is required to be
done in respect of the acquired land. Writ Petition is,
dismissed. No costs.

¶25

 JUDGE JUDGE

¶26

Rgd.

Suresh S/O Gangadhar Dhirade and Another v. the Secretary, Dept. of Irrigation, Mumbai and Others

Case brief

What is this about?

What the court decided

Suresh S/O Gangadhar Dhirade and Another v. the Secretary, Dept. of Irrigation, Mumbai and Others

Case brief

What is this about?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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