← Library
Bombay High CourtWP/10293/2022disposed off

Budhaji Namdeo Bhagat (Decd) Thru Lhrs And Lrs And ORS v. The Deputy Collector (Land Acquisition) Metro Centre No. 1, Panvel And ANR

2023-03-29Hon'Ble Shri Justice R.D. Dhanuka,Hon'Ble Ms. Justice Gauri Godse2 pages

by VARSHA VIJAY RAJGURU Date:

2023.04.01 16:17:27 +0530 VARSHA VIJAY RAJGURU 1 / 2 14-wp-10293-2022.doc varsha

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10293 OF 2022 Budhaji Namdeo Bhagat (Decd)thru Lrs and Ors ... Petitioners vs.

The Deputy Collector(Land Acquisition) Metro Centre No.1, Panvel and Anr ... Respondents Mrs Deepa Punde i/b Mr S.S. Punde, for the Petitioners. Mrs. M.S. Bane, AGP for the Respondents-State. CORAM : R. D. DHANUKA AND GAURI GODSE, JJ.

DATED : 29 MARCH, 2023 P.C. :- 1.

Rule. Learned AGP waives service for Respondents. Rule made returnable forthwith. By consent of the parties the Petition is taken up for final hearing and disposal. The grievance of the Petitioner is that the Application filed by the Petitioner on 22nd February 2022, under Section 28-A(1) of the Land Acquisition Act is not yet decided.

3.

Learned Counsel for the Petitioner states that till date the Application is not decided. Statement made by the learned Advocate for the Petitioner is accepted. Hence, we dispose of the Petition by passing following order:

2 / 2 14-wp-10293-2022.doc i. Application filed by the Petitioner on 22nd February 2022 which is annexed at 'Exhibit-B' to the Petition shall be decided by the Respondent No.1 within a period of four weeks from today, if not yet decided.

ii.

We have not express any view on the merits of the Application. If Application is decided in favour of the Petitioner necessary compliance shall be made to give effect to the Order within a period of four weeks from the date of decision. If the order that would be passed is adverse to the Petitioner, the Petitioner will be at liberty to file appropriate proceeding as permissible under law. 4.

Writ Petition is disposed of. Rule is made absolute in the above terms. No order as to costs.

5.

Parties to act on the authenticated copy of the Order. (GAURI GODSE, J.) (R. D. DHANUKA, J.)