Baban Bhau Darekar (Krushna) Since Deceased Kisan Baban Darekar And ORS. v. District Rehabilitation Office And ORS.

P.H.Jayani 46 WP 3192.11.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3192 OF 2011 Baban Bhau Darekar (Krushna) (since deceased through his legal heirs) :

a) Kisan Baban Darekar & Ors.

....Petitioners

Versus

District Rehabilitation Officer & Ors.

....Respondents Mr. N.P. Deshpande a/w. Mr. Mihir Raut i/b. Ashwini A. Takalkar for the petitioners.

Mr. V.S. Gokhale, AGP for the State.

CORAM : RANJIT MORE & SMT. ANUJA PRABHUDESSAI, JJ.

DATE : 09TH FEBRUARY, 2018 P.C. :

.

By consent of learned counsels appearing for the respective parties, petition is taken up for hearing and final disposal. 2.

By this petition, the petitioners have sought to quash and set aside the impugned notification under Section 4 of the Land Acquisition Act which was issued on 13th October, 1988. Records reveals that subsequent to this notification, section 6 declaration was also issued. Award was also passed. Paragraph no.7 of the petition

P.H.Jayani 46 WP 3192.11.doc further shows that a part of the land acquired under the said award is already alloted to respondent no.6. Hence the reliefs as sought is misconceived. Furthermore, the application is of the year 1988. The petition is filed in the year 2011. There is an inordinate delay in approaching the Court and the same has not been explained. 3.

In the aforesaid circumstances, we are not inclined to entertain this petition and the same is accordingly dismissed. (SMT. ANUJA PRABHUDESSAI, J.) (RANJIT MORE, J.)