Mehabub Yakub Patel And Others v. The Union Of India And Others

1 W.P.No.2285/17

IN THE HIGH COURT OF JUDICATURE AT

BOMBAY BENCH AT AURANGABAD.

WRIT PETITION NO.2285 OF 2017 Mehabub Yakub Patel and others.

... Petitioners.

Versus

Union of India and others.

... Respondents.

...

Mr.A.B.Kale, advocate for the petitioners.

Mr.S.B.Yawalkar, A.G.P. for the State.

Mr.S.B.Deshpande, Assistant Solicitor General for Respondent No.1.

Mr.D.S.Manorkar, advocate for Respondent No.2. ...

CORAM : S.C.DHARMADHIKARI AND MANGESH S. PATIL,JJ.

Date : 11.07.2017.

PER COURT :

1.

Apparently the petitioners are not satisfied with the award made pursuant to the directions of this Court. Concededly, there are remedies to impugn the quantum of compensation and seek enhancement thereof. The remedy is provided by the very law under which the

2 W.P.No.2285/17 acquisition has been made.

2.

In the circumstances, by keeping open not only the remedies but all contentions of the petitioners therein, this Writ Petition is disposed of.

3.

We clarify that irrespective of any affidavit being filed in this Court by the contesting Respondents, the competent Court/authority shall determine the issue raised by the petitioners/request for enhancement of compensation strictly in accordance with law. While taking that into consideration, the authority shall take note of all the contentions and the grounds in the present petition.

4.

The Writ Petition is disposed of with this liberty.

(MANGESH S.PATIL,J.) (S.C.DHARMADHIKARI,J.) asp/office/wp2285.17

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