Disposed

Mendulbai Wd/O Dagaduji Suratne and Others v. State of Maharashtra through Secretary, Department of Water Resources, Mumbai and Others

Bombay HC8 Feb 2021WP/465/2021

Case brief

AI extract

What is this about?

Petitioners sought direction for land in lieu of acquisition under the Maharashtra Project Affected Persons Rehabilitation Act, 1999. The court dismissed the petitions as they lacked requisite notifications and pleadings, granting liberty to file fresh petitions.

What did the court decide?

Liberty granted to file fresh petitions annexing requisite notifications and pleadings.

Mendulbai Wd/O Dagaduji Suratne and Others Vs State of Maharashtra through Secretary, Department of Water Resources, Mumbai and Others — Bombay HC (2021) — LawSathi Research

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20-wp-465-2021.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR

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Writ Petition No.465 of 2021

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Smt. Mendulbai Wd/o. Degaduji Suratne and others …Petitioners

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Versus

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State of Maharashtra, through Secretary, Department of Water Resources Mantralaya, Mumbai and others

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...Respondents

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With

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Haridas Dagaduji Suratne …Petitioner

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Versus

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State of Maharashtra, through Secretary, Department of Water Resources Mantralaya, Mumbai and others

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...Respondents

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Shri V.B. Bhise, Advocate for the Petitioners in both the Writ Petitions. Shri A.M. Deshpande, Addl.GP for the Respondent - State in both the Writ Petitions.

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CORAM : NITIN JAMDAR AND ANIL S. KILOR, JJ.

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DATED : 08 FEBRUARY 2021

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P.C.:

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Heard learned Counsel for the parties.

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The Petitioners are seeking a direction to the Respondents to grant land in lieu of acquisition of their land acquired for the Karhi Minor Irrigation Project, Taluka Akot, District Akola.

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nd.thawre

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2 20-wp-465-2021.odt

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The Petitioners have made a reference to the Maharashtra Project Affected Persons Rehabilitation Act, 1999, however, no notifications issued under the Act placed on record. The Annexures only refers to the award and proceedings under the Land Acquisition Act, 1894. If proceedings are only under the Land Acquisition Act, 1894, then as contended by the learned Additional Government Pleader, the Petitioners would be entitled for only compensation.

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For examining the claim of the Petitioners for a land in lieu of acquisition of their land under the Act of 1999, the Petitioners must place on record and plead the case. The Petitions are bereft of such pleadings nor documents are filed.

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The learned Counsel for the Petitioners prays for liberty to file fresh petitions annexing the requisite notifications and with necessary pleadings. With this liberty, the Writ Petitions are disposed of.

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[ANIL S. KILOR, J.] [NITIN JAMDAR, J.]

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nd.thawre

Mendulbai Wd/O Dagaduji Suratne and Others v. State of Maharashtra through Secretary, Department of Water Resources, Mumbai and Others

Case brief

What is this about?

What did the court decide?

Mendulbai Wd/O Dagaduji Suratne and Others v. State of Maharashtra through Secretary, Department of Water Resources, Mumbai and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

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