Allowed

Sunil Murlidharrao Gokhare and Others v. District Magistrate Chandrapur and Others

Bombay HC26 Sept 2024WP/2269/2019

Case brief

AI extract

What is this about?

The Court heard a civil application seeking directions for compensation under specific Government Resolutions regarding high tension line installation affecting the petitioner's land, allowing the application and directing authorities to examine entitlement.

What did the court decide?

Application allowed; direction to examine petitioners' entitlement under Government Resolutions dated 2/11/2022 and 1/12/2022.

Sunil Murlidharrao Gokhare and Others… — Constitutional and Fundamental Rights | Bombay HC (2024)

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2-CAW-2570-2024

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

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CIVIL APPLICATION NO. 2570 OF 2024 IN WRIT PETITION NO. 2269 OF 2019

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(Sunil Murlidharrao Gokhare & Ors. Vs. District Magistrate, Chandrapur & Ors.)

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

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Shri A.A. Dhawas, Counsel for the applicants/ petitioners. Shri A.M. Ghogare, A.G.P. for respondent nos. 1 and 2.

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CORAM : ANIL L. PANSARE, J. SEPTEMBER 26, 2024

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For the reasons set out in the application, the same is allowed. Amendment be carried out forthwith. Amended copy be served on the other side.

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2] The application is disposed of.

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WRIT PETITION NO. 2269/2019

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3] Heard.

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4] The learned Counsel for the petitioners, through amended prayers, has sought directions against the respondents to take decision in the matter in terms of the Government Resolutions dated 2/11/2022 and 1/12/2022 after giving opportunity of hearing to the petitioners.

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5] The grievance of the petitioners is that they were not adequately compensated while installing high tension line in their land.

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2-CAW-2570-2024

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6] The learned Counsel for the petitioners submits that vide Government Resolutions referred to above, a provision is made that if the project of high tension line is under progress, the affected person/s should be compensated in terms of the provision made in the said Government Resolutions, particularly Clause (14) thereof. According to the petitioners, by the aforesaid Government Resolutions, they will be entitled for payment of difference in compensation that will be calculated in terms of the said Government Resolutions by deducting the compensation paid earlier.

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7] The learned A.G.P. submits that the authorities will examine the issue and if the petitioners are found to be entitled, they will extend the benefit accordingly.

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8] In view thereof, the petition is disposed of with direction to the respondents to consider the entitlement of the petitioners to get the benefit under the Government Resolutions dated 2/11/2022 and 1/12/2022.

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9] The petitioners shall, on 14/10/2024, appear before the Sub-Divisional Officer, Rajura, who shall then proceed to decide the petitioners’ entitlement in terms of the aforesaid Government Resolutions.

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(JUDGE)

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Sumit

Sunil Murlidharrao Gokhare and Others v. District Magistrate Chandrapur and Others

Case brief

What is this about?

What did the court decide?

Sunil Murlidharrao Gokhare and Others v. District Magistrate Chandrapur and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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