Partly allowed

Owais S/O Yusuf Chaudhari v. the State of Maha. Thr. Its Sec. Revenue and Forest Dept. Mantralaya, Mumbai and Others

Bombay HC21 Mar 2024WP/1943/2024

Case brief

AI extract

What is this about?

Petitioners sought recognition as Project Affected Persons. Finding the impugned orders inconsistent with the Government Resolution of 14 September 1994, the court set them aside and directed the Collector to decide the claims afresh per that policy and prior rulings on limitation.

What the court decided

AI extract

Owais S/O Yusuf Chaudhari vs the State of Maha. Thr. Its… — Land Acquisition | Bombay HC (2024)

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1 947 wp1943.2024 and 1952.24.odt

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2024:BHC-NAG:11826-DB

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

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WRIT PETITION NO. 1943/2024

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Owais s/o Yusuf Chaudhari Vs. State of Maharashtra and others

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WITH

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WRIT PETITION NO.1952/2024

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Rajjak Hasan Khallikhau Vs. The State of Maharashtra and others

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

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Mr. R.N. Ghuge, Advocate for petitioner/s in both petitions.. Mr. A.S.Fulzele, Addl. G.P. for respondent nos.1 to 3 in both petitions.

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CORAM : NITIN W. SAMBRE & MRS. VRUSHALI V. JOSHI, JJ. DATE : OCTOBER 17, 2024.

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The issue in the petition pertains to grant of benefit as Project Affected Persons. Since the order impugned dated March 1, 2024 in both these petitions are not considering the policy, viz. reflected in the Government Resolution dated 14^th September, 1994, the order impugned are hereby set aside as same are contrary to above policy of 14^th September, 1994.

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We permit the petitioners to appear before the Collector on 3^rd December, 2024. The said authority shall decide the claim of the petitioners afresh having regard to the Government Resolution dated 14^th September, 1994 and the authoritative pronouncement on the issue of limitation delivered in Writ Petition No.4051/2018 (Madhusudan s/o Madhavrao Bhosle Vs. State of Maharashtra) dated 23^rd April 2018 and Writ Petition 11253/2010 (Champati s/o Lobhaji Dhokale Vs. The State of Maharashtra and others) decided on 15^th December, 2010.

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2 947 wp1943.2024 and 1952.24.odt

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Let the reasoned decision be communicated to the petitioners

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within a period of six weeks from the date of appearance.

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Both petitions are partly allowed.

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(MRS.VRUSHALI V. JOSHI, J.) (NITIN W.SAMBRE, J.)

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Mukund Ambulkar

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Signed by: Ambulkar (MLA) Designation: PS To Honourable Judge Date: 21/10/2024 15:07:35

Owais S/O Yusuf Chaudhari v. the State of Maha. Thr. Its Sec. Revenue and Forest Dept. Mantralaya, Mumbai and Others

Case brief

What is this about?

What the court decided

Owais S/O Yusuf Chaudhari v. the State of Maha. Thr. Its Sec. Revenue and Forest Dept. Mantralaya, Mumbai and Others

Case brief

What is this about?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

All orders in this case

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