Disposed

Parvatabai Sarjerao Thengade Deceased through Her Lrs Grandson Ganesh Pandurang Thengade v. the Union of India and Others

Bombay HC6 Jun 2023WP/2886/2022

Case brief

AI extract

What is this about?

In a writ petition concerning acquisition of land, the court directed the acquiring authority to initiate recovery of excess compensation paid to other land owners and pay the same to the petitioner within 21 days, keeping the claim for interest open.

What did the court decide?

Directed respondent no.4 to issue notices within 21 days for recovery of excess compensation and payment to the petitioner.

Parvatabai Sarjerao Thengade Deceased through Her Lrs… — Land Acquisition | Bombay HC (2023)

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909 wp 2886.22

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( 1 )

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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909 WRIT PETITION NO.2886 OF 2022

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PARVATABAI SARJERAO THENGADE DECEASED THROUGH HER LRS
GRANDSON GANESH PANDURANG THENGADE

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VERSUS

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THE UNION OF INDIA AND OTHERS

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Advocate for Petitioners : Mr. Patil Prakashsing B.
AGP for Respondents/State : Mr. S.B. Yawalkar
Advocate for R/1 & 4 : Mr. A.N. Patale
Advocate for R/3 : Mr. D.S. Manorkar

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CORAM : RAVINDRA V. GHUGE &
Y.G. KHOBRAGADE, JJ.
DATE :6th June, 2023

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P.C. :-

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1.It is undisputed that compensation towards acquisition of land ad-

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measuring 4 R belonging to the deceased-petitioner, has been paid to land
owners from gut nos. 478 and 479. It is equally undisputed that the acquiring

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authority will now have to initiate the recovery process by issuing notice to
those land owners who have received the compensation in excess which should
have been paid to the petitioner.

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2.In view of the above, the learned advocate for the petitioner
submits on instructions that this procedure for recovering the excess payment

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( 2 ) 909 wp 2886.22

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and payment of the said amount to the petitioner, should be initiated by
respondent no.4 within a particular time frame.

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3. In view of the above, this petition is disposed off .

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4.We expect respondent no.4 to issue notices to those land owners

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who have received excess payment of compensation, within a period of 21 days
from today. Thereafter, by following the due procedure laid down in law,
appropriate steps be taken to ensure that the excess payment is recovered so as
to be paid to the petitioner, without any delay.

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5. All rights and contentions of the stake holders are kept open,

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including the claim for interest for delayed payment to the petitioner.

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 [Y.G. KHOBRAGADE, J.][RAVINDRA V. GHUGE, J.]

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Parvatabai Sarjerao Thengade Deceased through Her Lrs Grandson Ganesh Pandurang Thengade v. the Union of India and Others

Case brief

What is this about?

What did the court decide?

Parvatabai Sarjerao Thengade Deceased through Her Lrs Grandson Ganesh Pandurang Thengade v. the Union of India and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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