Dismissed

Shri. Krushna S/O Mandeorao Dupare v. Govt. of India, Thr. Director, Ministry of Road Transport and Highways, New Delhi

Bombay HC22 Oct 2024WP/1251/2023

Case brief

AI extract

What is this about?

Writ petition sought return of unutilized land acquired for a national highway under Section 101 of the 2013 Land Acquisition Act. The court held the 2013 Act does not apply to acquisitions under the National Highways Act, 1956 absent a Section 105 notification, and dismissed the petition.

What the court decided

AI extract

Shri. Krushna S/O Mandeorao Dupare Vs Govt. of India, Thr… — Land Acquisition | Bombay HC (2024)

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1 7 wp 1251-2023

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

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WRIT PETITION NO.1251/2023

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Shri Krushna s/o Mandeorao Dupare

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Vs.

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Government of India, through its Director, Ministry of Road Transport and Highways, New Delhi and others

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- - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders

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- - - - Shri D.A. Sonwane, Advocate for petitioner Ms N.N. Burange, Advocate for respondent No.1 Shri S.G. Deshpande, Advocate for respondent No.2 Ms S.S. Jachak, AGP for respondent No.3

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CORAM : AVINASH G. GHAROTE AND SMT. M.S. JAWALKAR, JJ.. DATED : 22/10/2024

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Heard Mr. D.A. Sonawne learned Counsel for the petitioner, Ms N.N. Burange, learned Counsel for respondent No.1, Mr. S.G. Deshpande, learned Advocate for respondent No.2, Mrs. S.S. Jachak, learned Additional Government Pleader for respondent No.3.

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The petition seeks the return of the land of Gat 357/1, admeasuring 0.27 R., situated at Loni, Tahsil Nandgaon (Kandeshwar), District Amravati, acquired by the respondent No. 3, by the award dated 29/07/2013, on the ground that it has remained unutilized, in terms of Section 101 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013(hereinafter referred as “ the Act of 2013”). A perusal of Section 105 of the Act of 2013, read

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with the IV^th Schedule appended thereto indicates that the Act of 2013, is not applicable to the acquisition under the National Highways Act, 1956. No notification under Section 105(2) and (3) of the Act of 2013, has been brought to our notice, to indicate that Section 101 of the Act of 2013, has been made applicable to acquisition under the National Highways Act, in view of which, we do not see any merit in the petition, the same is dismissed.

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( SMT. M.S. JAWALKAR, J.) ( AVINASH G. GHAROTE, J.)

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Jayashree...

Shri. Krushna S/O Mandeorao Dupare v. Govt. of India, Thr. Director, Ministry of Road Transport and Highways, New Delhi

Case brief

What is this about?

What the court decided

Shri. Krushna S/O Mandeorao Dupare v. Govt. of India, Thr. Director, Ministry of Road Transport and Highways, New Delhi

Case brief

What is this about?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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