Subhash Lallubhai Shah v. The State Of Maharashtra And ANR

ash wp-5750.13 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5750 OF 2013 Office Notes, Office memorandum of Coram, appearances, Court's Court's or orders or directions & Judge's orders.

Registrar's orders.

Shri D.H.Mehta i/by Lilani Shah & Co for the Petitioner. Shri V.S.Gokhale, AGP for Respondent Nos.1 and 2. -- CORAM :

A.S. OKA & A.P.BHANGALE, JJ DATED : 9TH APRIL 2015 P.C.:

.

Perused the affidavit of Pratima Pudalwad, the Deputy Collector (Land Acquisition), Surya Project, Dahanu, District- Thane. In the said affidavit, it is stated that the compensation cannot be paid to the Petitioner as the Reference under Section 30 of the Land Acquisition Act, 1894 has been already made to the Civil Court.

2.

A copy of the Reference Application has been annexed to the affidavit.

ash wp-5750.13 3.

Hence, in the light of the pendency of the Reference under Section 30 of the Land Acquisition Act, 1894, no relief can be granted in this Petition. 4.

Hence, we dispose of the Petition. However, we direct that the Court before which the Reference No.1 of 2013 under Section 30 of the Land Acquisition Act, 1894 is pending shall decide the said Reference as expeditiously as possible.

5.

All contentions on merits are kept open.

(A.P.BHANGALE, J) (A.S.OKA, J)