Disposed

Indubai Janardan Shinde and Others v. the State of Maharashtra through the Secretary and Others

Bombay HC19 Jun 2023WP/1758/2023

Case brief

AI extract

What is this about?

Single judge order disposing of a writ petition regarding land acquisition compensation. The court directed authorities to measure specific gats after the petitioners deposit fees within 60 days.

What did the court decide?

Direction to the concerned Authorities to measure land Gat Nos.219, 220, 240, 241 within 60 days after deposit of requisite fees by the petitioners.

Indubai Janardan Shinde and Others Vs the State of… — Land Acquisition | Bombay HC (2023)

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD

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10 WRIT PETITION NO.1758 OF 2023

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INDUBAI JANARDAN SHINDE AND OTHERS

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VERSUS

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THE STATE OF MAHARASHTRA THROUGH THE SECRETARY AND
OTHERS

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Mr.Suhas R.Shirsat, Advocate for the Petitioners.
Mr.V.M.Kagne, AGP for the Respondent/State.

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DATE : JUNE 19, 2023

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PER COURT:

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1.The Petitioners have put forth prayer clauses B and C as

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under :-

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"B. By issuing writ of mandamus or any other appropriate writ, order or
direction, the respondent Nos. 2 to 4 to forthwith carry out joint
measurement of the lands bearing Gat No.240, 241, 219 and 220
situated at Neknoor, Tq. and Dist. Beed already acquired and taken in
possession for construction of Percolation Tank No.6 at Neknoor to
determine the quantum of amount of compensation to be paid to the
petitioners and other co-owners on accepting the necessary
Measurement Fee from the petitioners;

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C. By issuing writ of certiorari or any other appropriate writ, order or

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khs/June 2023/1758

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- 2 -

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direction in the nature of writ of certiorari, the order dated 30.07.2021,
passed by the respondent No.3 may please be quashed and set aside
and the objection petition filed by the petitioners may please be
allowed."

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2.While hearing the submissions of the Petitioners, they have

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stated that the Gat Numbers 219, 220, 240, 241, may be measured
since the award dated 27.11.2015 indicates Gat No.240 that belongs to
the Petitioners. Per contra, an order was passed on 30.07.2021 on an
application filed by the Petitioner bearing No.32/2004 lodged on
26.02.2021, wherein the Deputy Collector, Land Acquisition has
mentioned that land admeasuring 1.18 hectres in Gat No.240 was
acquired. There are 5 names mentioned in the chart in the said order
which indicates that the Petitioners' share was not acquired.

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3.The learned Advocate for the Petitioners submits that the
Petitioners are willing to pay the charges for measurement of land Gat
Nos. 219, 220 240 and 241 in order to assess as to whether the share of
the Petitioners has been acquired or not.

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4.In view of the above, this petition is disposed off with a

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khs/June 2023/1758

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direction to the concerned Authorities to measure the land Gat
Nos.219, 220, 240, 241 after the Petitioners deposit the requisite fees.
Let the measurement, with the wholehearted co-operation of the
Petitioners, be completed within a period of 60 days.

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5.In the event, the Petitioners' grievance is not redessed after
such measurement is carried out, they are at liberty to avail of a remedy
as is permissible in Law subject to the applicability of the Law of
Limitation.

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 ( Y. G. KHOBRAGADE, J. ) ( RAVINDRA V. GHUGE, J.)

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khs/June 2023/1758

Indubai Janardan Shinde and Others v. the State of Maharashtra through the Secretary and Others

Case brief

What is this about?

What did the court decide?

Indubai Janardan Shinde and Others v. the State of Maharashtra through the Secretary and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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