Alwyn Anthony Maratin Coelho v. State Of Maharashtra And 6 ORS

Yugandhara Patil 30- WP-1697-2019.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1697 OF 2019 Alwyn Anthony Maratin Coelho ... Petitioner

Versus

State of Maharashtra and Ors.

... Respondents ****** Mr. Manish P. Rao and Mrs. Bina P Rao i/b M/s. Bina Rao and Company for the Petitioner.

Mr. Laxmikant Satelkar AGP for the Respondent Nos. 1 & 4 to 7State. Ms. R.M. Hajare i/b Mr. Sunil Sonawane for Respondent Nos. 2 and 3.

****** YUGANDHARA SHARAD PATIL YUGANDHARA SHARAD PATIL Date: 2023.01.04 17:53:07 +0530 CORAM: R. D. DHANUKA AND M.M.SATHAYE JJ.

DATE : 2nd JANUARY, 2023 P.C. :- 1.

By this petition filed under section 226 of the Constitution of India, the petitioner is challenging award dated 25th July 2018 made by the authority acquiring the land of the petitioner described in prayer clause (b) of the petition. The only ground urged before this Court across the bar is that the land in question is acquired for public purpose.

2.

Learned counsel for the petitioner does not dispute that the 1 /2

Yugandhara Patil 30- WP-1697-2019.doc petitioner was heard in pursuance of the notice issued by the authority under section 9 of the Land Acquisition Act. Certain amount has been awarded in favour of the petitioner. Since the procedure was followed by the respondents in accordance with the provisions of law, if the petitioner is not satisfied with the decision, the petitioner has remedy to file proceedings under the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 for enhancement of compensation. We do not find any infirmity in the impugned award thereby acquiring the land of the Petitioner. 3.

The Writ Petition is misconceived and is accordingly dismissed. No order as to costs.

[M.M.SATHAYE,J.] [R. D. DHANUKA, J.] 2 /2