Laxman Dinkar Dagade And ORS v. The Spl. Land Acquisition Officer No. 16 And ORS

(12) WP-4429-2022.doc rkmore

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by RAJSHREE KISHOR MORE Date:

2022.04.20 11:31:37 +0530 CIVIL APPELLATE JURISDICTION RAJSHREE KISHOR MORE WRIT PETITION NO.4429 OF 2022 Laxman Dinkar Dagade & Ors.

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Petitioners vs.

The Spl. Land Acquisition Officer ] No.16 & Ors.

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Respondents Mr.Sudhir V. Sadavarte, for the Petitioners.

Mr.V.S. Gokhale, B Panel Counsel for the State. CORAM :

S.V. GANGAPURWALA & M.G.SEWLIKAR, JJ DATE :

19TH APRIL, 2022.

P.C.

1] We have heard the learned counsel for the Petitioners. He submits that the Petitioners have filed Suit for partition and separate possession. Though the same is dismissed, the Appeal is filed by the Petitioners and the same is pending.

2] The learned counsel for the Petitioners further submits that till the decision of the Appeal, the amount may not be directed to be disbursed.

3] In fact, if there is dispute with regard the disbursement of the compensation amount, then the Petitioner has remedy under Section 1/2

(12) WP-4429-2022.doc 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The Petitioners may adopt the said remedy in accordance with law. 4] In that event, all contentions of Petitioners are kept open. Time spent in prosecuting the present Writ Petition shall be considered by the Authority.

5] With the aforesaid observations, Writ Petition is disposed of. No costs.

6] Interim order passed by this Court earlier, shall continue to operate for three weeks from today, so as to enable the Petitioners to make necessary application.

7] Needless to state that after lapse of three weeks the interim orders passed by this Court shall stand vacated. [M.G.SEWLIKAR, J] [S.V.GANGAPURWALA,J] 2/2