HIGH COURT OF JUDICATURE AT BOMBAY CIVIL…
Permitted release of compensation to legal heirs upon production of Aadhar card, ration card, bank details, verification, and filing of an indemnity bond.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.3218 OF 2023
Namdev Yashwant Pithe and Others ...Petitioners Versus The State of Maharashtra through The Special Land Acquisition Ofocer, Nashik ..Respondent
Mr. Pratik B. Rahade for the Petitioners. Mr. A. P. Vanarse, AGP for State-Respondent.
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Coram : Sharmila U. Deshmukh, J. Date : 18th July , 2023.
P. C. :
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Ors. vs. Special Land Acquisition Ofocer and Anr.1 This Court in identical situation has permitted the legal heirs of the deceased claimant to disclose their identity by producing their Aadhar Card and Ration Card alongwith other respective bank details and once the identity is established as being the legal heirs of the deceased claimants the Assistant Superintendent (Finance) is directed to release the amounts to the claimants.
1 Writ Petition No.15002 of 2022 dated 12.12.2022.
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week thereafter the legal representative of the deceased Applicant
Nos.4, 15 and 19 to file the Indemnity Bond indemnifying the authorities in event any claim thereof is raised by any third party.
[Sharmila U. Deshmukh, J.]
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2 issues framed by the court
Whether legal heirs of deceased claimants can receive land compensation without a succession certificate by producing identity documents and passing an indemnity bond.
Whether the original land award must be treated as a debt requiring a succession certificate for release of funds.
Colour shows how this judgement treated each authority
Ramesh Chima Agiwale and Ors. vs. Special Land Acquisition Ofocer and Anr.Distinguished¶10
Ramesh Chima Agiwale and Ors. vs. Special Land Acquisition Ofocer and Anr.
Namdev Yashwant Pithe and Others
The State of Maharashtra through The Special Land Acquisition Officer, Nashik
Sharmila U. Deshmukh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
