Disposed

Tukaram Kisan Landge v. the Union of India through the Secretary and Ohers

Bombay HC20 Jun 2023WP/4228/2023

Case brief

AI extract

What is this about?

The court disposed of two writ petitions by the petitioners seeking interest and compensation for acquired land. The court held that the petitioners must approach the Arbitrator's award first. Petitions dismissed with liberty to seek statutory remedy.

What did the court decide?

Petitions disposed with liberty to avail of statutory remedy; time spent in court counted as ground for condonation of delay.

Tukaram Kisan Landge Vs the Union of India through the… — Land Acquisition | Bombay HC (2023)

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( 1 )

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907 wp 4225.23

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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907 WRIT PETITION NO.4225 OF 2023

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NAGNATH KISAN LANDGE

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VERSUS

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THE UNION OF INDIA THROUGH THE SECRETARY AND OTHERS

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AND

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908 WRIT PETITION NO.4228 OF 2023

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TUKARAM KISAN LANDGE

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VERSUS

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THE UNION OF INDIA THROUGH THE SECRETARY AND OTHERS

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Advocate for Petitioners : Mrs. Kulkarni (Mahajan) Snehal P.
AGP for Respondents/State : Mr. S.B. Yawalkar
Advocate for R/1 to 3 in WP/4225/23 : R.B. Bhosale
Advocate for R/UOI - 1, 2 & 4 in WP/4228/23 : Mr. A.N. Patale

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CORAM : RAVINDRA V. GHUGE &
Y.G. KHOBRAGADE, JJ.
DATE :20th June, 2023

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P.C. :-

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1.In both these petitions, the Petitioners have put-forth a common

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prayer in terms of clause-A which reads as under:

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“A. By issuing writ of Mandamus or any other writ, order or directions, this Hon'ble Court may be pleased to direct respondents to follow the law laid down by Constitutional Bench of Hon'ble Supreme Court in case of Sunder Vs Union of India reported in (2001) 7 SCC 211 and to pay interest on component and solatium for acquired land and also be pleased to direct respondents to pay amount of compensation without applying slabs.”

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( 2 ) 907 wp 4225.23

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2.The learned advocates representing Respondent Nos.1, 3 and 4

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submit that the Arbitrator has already delivered an order on 23.03.2019 in both
these matters. The Petitioners will have to challenge the said orders by availing
of a statutory remedy.

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3.In view of the above, these petitions aredisposed off with liberty to
the Petitioners to avail of the statutory remedy. In the event there is a delay
and if there is a provision for condonation of delay, the time spent by the
Petitioners in this Court from 17.01.2023 till the passing of this order, shall be
considered as a good ground.

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 [Y.G. KHOBRAGADE, J.]

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[RAVINDRA V. GHUGE, J.]

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mub

Tukaram Kisan Landge v. the Union of India through the Secretary and Ohers

Case brief

What is this about?

What did the court decide?

Tukaram Kisan Landge v. the Union of India through the Secretary and Ohers

Case brief

What is this about?

What did the court decide?

What the court decided

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