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Bombay High CourtWP/7621/2017disposed off

Shri. Vitthal Baburao Gade (Since Decd.) Through Lrs. Smt. Suman Mahadeo Kaduskar And ORS. v. Ld. District Collector Of Pune And ANR.

2017-11-28Hon'Ble The Chief Justice,Hon'Ble Shri Justice M.S. Sonak2 pages

dssherla 6-wp-7621-17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7621 OF 2017 Shri. Vitthal B. Gade (Deceased) through Legal Heirs/Representatives 1-a. Smt. Suman M. Kaduskar and ors.

.. Petitioners V/s.

Ld. District Collector of Pune and anr.

.. Respondents.

Mr. Manoj Patil for the Petitioners.

Mrs. M.P. Thakur, AGP for the Respondents - State.

CORAM:

DR. MANJULA CHELLUR, C.J.

AND M.S.SONAK, J.

DATE :

28 NOVEMBER 2017.

P.C.

1] Heard Mr. Patil, learned counsel for the petitioners and Mrs.M.P. Thakur, learned AGP for the Respondents- State. 2] This petition was in fact one from out of batch of writ petitions disposed of by order dated 3rd October 2017, the lead petition being Writ Petition No. 10881 of 2014. 3] Learned counsel for the petitioners admit that the petitioners were dispossessed and presently, the acquired lands stand allotted to project affected persons. In these circumstances, learned counsel for the parties agree that the facts and circumstances of the present case stand fully covered by the

dssherla 6-wp-7621-17 judgment and order dated 3rd October 2017 in Writ Petition No.10881 of 2014 and connected matters.

4] Accordingly, this petition is also disposed of in the same terms. It is declared that the land acquisition proceedings in respect of the petitioners' land stand lapsed by virtue of Section 24

(2) of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (2013 Act). It is further directed that the possession of the project affected persons will not be affected. However, the State shall take necessary steps as indicated in the judgment and order dated 3rd October 2017 to re-initiate the acquisition and pay compensation to the petitioners under the 2013 Act within a period of one year from today.

5] This petition is also disposed of in the aforesaid terms. There shall, however, be no order as to costs.

(CHIEF JUSTICE) (M.S.SONAK, J.)