Savita Santosh Lodha And Others v. The State Of Maharashtra Through Secretary And Others

2025:BHC-AUG:9730-DB 49 & 52 -WP-4256,4279-25.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 49 WRIT PETITION NO. 4256 OF 2025 SAVITA SANTOSH LODHA AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS AND 52 WRIT PETITION NO. 4279 OF 2025 SAVITA SANTOSH LODHA AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS ....

Mr. I. K. Wagh, Advocate for the Petitioners Ms S. S. Joshi, AGP for the Respondent - State ....

CORAM : MANGESH S. PATIL & Y. G. KHOBRAGADE, JJ.

DATE : 01.04.2025 PER COURT :- .

Heard both the sides.

2.

Though the prayer clause (C) is not articulated properly, inasmuch as it seeks a direction for implementation of the order passed by the civil court whereby a direction has been

(( 2 )) 49 & 52 -WP-4256,4279-25 issued to the Collector to make a reference under Section 64 and 76 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, such a direction would be void ab-initio, being an error outside the jurisdiction.

3.

This is a matter merely of resorting to the relevant provisions of the 2013 Act, for which the petitioners have already submitted representation/application to the respondent Collector on 21.02.2025.

4.

The writ petitions are disposed of with a direction to the respondent No.2 to take appropriate steps in the light of the application submitted by the petitioners dated 21.02.2025, as expeditiously as possible.

[ Y. G. KHOBRAGADE, J. ] [ MANGESH S. PATIL, J.] SMS