This court dismissed a writ petition challenging a land acquisition notification for building a Road Over Bridge. The court held the petition premature because the enquiry into objections was ongoing and no notification for possession had been issued.
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.
THE HON’BLE SRI JUSTICE VILAS V.AFZULPURKAR WRIT PETITION No.1561 OF 2016
ORDER:
Heard.
The petitioners seek to question the notification dated 24.06.2015 issued under Section 11(1) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short, ‘the Act 30 of 2013’) proposing to acquire their lands for the purpose of construction of Road Over Bridge by the respondents. The petitioners have filed their objections to the acquisition proposals. However, no hearing on the said objections has been held nor any notification under Section 19 of the Act 30 of 2013 is issued. Hence, this Writ Petition.
Learned Government Pleader for Land Acquisition, who has received instructions, states that as many as 28 objections are filed by various individuals including the petitioners and remarks of the Requisition Department are called for on the said objections.
It is evident from the above that the enquiry into the objections is still under consideration and as on this day, there is no threat of dispossession to the petitioners as the stage under Section 38 of the Act 30 of 2013 is not yet reached. The present Writ Petition appears to be clearly premature. Therefore, there is no reason to entertain the Writ Petition at this stage.
The Writ Petition is accordingly dismissed. There shall be no order as to costs.
Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.
VILAS V.AFZULPURKAR, J
21.01.2016 KH
2 issues framed by the court
Whether the Writ Petition challenging the land acquisition notification is maintainable when the enquiry into objections is still ongoing and dispossession has not been ordered.
Whether the Writ Petition is premature as the stage of imposition under Section 38 of the Act has not been reached.
3 provisions across 1 enactments
Petitioners
Respondents
Vilas V. Afzulpurkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
