Gerald Martis v. The State Of Maharashtra Through Its Urban Development Department And 3 ORS.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 584 OF 2020 Gerald Matris ... Petitioner

Versus

State of Maharashtra and Ors.

... Respondents ****** Mr. Anand Pai i/b Haresh Mehta and Co. for the Petitioner. Mr. Hemant Haryan AGP for the Respondent Nos. 1 to 3-State. Ms. R.M. Hajare i/b Mr. Sunil Sonawane for Respondent No. 4. ****** YUGANDHARA SHARAD PATIL CORAM: R. D. DHANUKA AND M.M.SATHAYE JJ.

YUGANDHARA SHARAD PATIL Date: 2023.01.04 17:53:06 +0530 DATE : 2nd JANUARY, 2023 P.C. :- 1.

After arguing the matter for some time, learned counsel for the petitioner states that his client does not press the argument that, the Collector has not taken any steps within a period of 12 months after issuance of notification under section 126(2)(4) of the Maharashtra Regional and Town Planning Act, 1966 r/w Section 19 of the Land Acquisition Act,2013. Statement is accepted. 2.

The only issue pressed by learned counsel for the petitioner is that though the petitioner has raised objection to the impugned 1 /3

notification dated 19th July 2018 for acquiring the land of the petitioner, the objections are not yet decided by the competent authority.

3.

In our view this part of the submissions and the reliefs sought based on the submissions is premature. According to the Petitioner, as the State Government has not taken any steps on the objections raised by the Petitioners. The State Government may adopt appropriate steps under the provisions of Right of Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, expeditiously.

4.

We are not inclined to interfere with the acquisition proceedings at this stage.

5.

The Writ Petition is disposed of in the aforesaid terms. No order as to costs.

6.

It is made clear that this Court has not gone into merits of the objections raised by the petitioner to the notification issued under 2 /3

Section 126(2)(4) of the Maharashtra Regional and Town Planning Act, 1966 r/w Section 19 of the Land Acquisition Act,2013. All such objections are to be considered by the authority on its own merits. [M.M.SATHAYE,J.] [R. D. DHANUKA, J.] 3 /3