Shri. Dattatraya Kashinath Raut And ANR v. The Divisional Commissioner, Pune Division, Pune And ORS

dgm 1 51-wp-10885-14.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 10885 OF 2014 Shri Dattatraya Kashinath Raut and anr ....Petitioners. Vs.

The Divisional Commissioner, Pune and ors ....Respondents. Mr. P. D. Dalvi for the Petitioners.

Smt. Sushma Bhende, AGP for the Respondent Nos. 1 to 6. CORAM : SMT. VASANTI A. NAIK AND C.V. BHADANG, JJ.

DATE : 07.01.2015 P.C.:- Heard.

This is a novel case where the Petitioners have challenged the acquisition proceedings on the wrongful invocation of the urgency clause under Section 17 of the Land Acquisition Act, 1894 in the year 2000 by filing the writ petition on 24.07.2014.

The writ petition is liable to be dismissed on the ground of laches. The Award is passed more than 14 years earlier. It is surprising that the Award is challenged solely on the ground that the urgency clause could not have been invoked. It is needless to say that there is no merit in the writ 1/2

dgm 2 51-wp-10885-14.sxw petition and the same is liable to be dismissed. The Writ Petition is dismissed as such with no order as to costs.

(C.V. BHADANG, J.) (VASANTI A. NAIK, J.) 2/2