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Bombay High CourtWP/3501/2022disposed off

Shri. Sidhling Narayan Belpatre v. The State Of Maharashtra Through Soil And Water Conservation Dept. And ORS

2022-09-08Hon'Ble Shri Justice Nitin Jamdar,Hon'Ble Justice Sharmila U. Deshmukh2 pages

skn 1 33-WP-3501.2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3501 OF 2022 Shri Sidhling Narayan Belpatre.

...

Petitioner.

V/s.

The State of Maharashrtra and others.

...

Respondents.

Mr.Ajit V. Alange for the Petitioner.

Mr.V.S.Gokhale, 'B' Panel Counsel with Mr.S.L.Babar, AGP for the Respondent- State CORAM :

NITIN JAMDAR AND SHARMILA U. DESHMUKH, JJ.

DATE :

8 September 2022.

P.C. :

SANJAY KASHINATH NANOSKAR Heard the learned counsel for the parties.

SANJAY KASHINATH NANOSKAR Date: 2022.09.12 19:07:49 +0530 2.

The Petitioner had made an application to the Respondent, the acquiring authority that his land should not be acquired. The same has been rejected by order dated 7 July 2021 stating that the award is already declared. The learned counsel for the Petitioner has sought to contend that the Petitioner had made the application before passing of the award and the application is not dealt with on merits by the Authority. We have not been shown any provision under the Act for making such application, adjudication

skn 2 33-WP-3501.2022.doc thereof and passing reasoned order. If the Petitioner is not satisfied with the quantum of amount awarded, it is always open to the Petitioner, if so permissible in law and fact, to seek enhancement by adopting appropriate proceeding.

3.

Writ petition is disposed of accordingly.

(SHARMILA U. DESHMUKH, J.) (NITIN JAMDAR, J.)