The Competent Authority Land Acquisition Osmanabad v. Youvraj Namdeo Khaladkar And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD REVIEW APPLICATION NO. 177 OF 2019 IN WRIT PETITION NO. 1986 OF 2016 The Competent Authority Land Acquisition & Deputy Collector .. Applicant

Versus

Youvraj Namdeo Khaladkar and others .. Respondents Mr. A. B. Dhongade, Advocate for the Applicant. Mrs. V. S. Chaudhary, AGP for Respondent No. 7. Mr. M. U. Shelke, Advocate for Respondent Nos. 1, 2, 2A to 2C. Mr. M. V. Kini, Advocate for Respondent Nos. 3 to 5. CORAM : S. V. GANGAPURWALA & SHRIKANT D. KULKARNI, JJ.

DATED : 26th February, 2021.

PER COURT:- .

The learned counsel for the applicant seeks leave to delete respondent No. 6.

2.

Mr. Shelke, learned counsel accepts notice for respondent Nos. 1, 2, 2A to 2C. Mr. Kini, learned counsel accepts notice for respondent Nos. 3, 4 and 5. The learned A.G.P. waives notice for respondent No. 7. 3.

The learned counsel for the review applicant submits that this Court disposed of the writ petition under order dated 04.09.2018 directing to pay the amount as per the award within a period of four

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(04) months. The amount under the award was Rs. 64,09,201 (Rupees Sixty Four Lakhs Nine Thousand Two Hundred One Only). [ 4.

Mr. Dhongade, learned counsel for the applicant submits that in view of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 Act revised award was passed on 14.06.2018. The learned counsel for the applicant could not bring to the notice of this Court the revised award while passing the order dated 04.09.2018 in Writ Petition No. 1986 of 2016. [[ 4.

Mr. Shelke, learned counsel for the non applicant Nos. 1, 2, 2A to 2C submits that the even the amount awarded is not paid to the non applicants.

[ 5.

Considering the submissions, it appears that, the review applicant did not bring to the notice of this Court the revised award passed earlier to the order passed by this Court under review. In view of that, the order dated 04.09.2018 in Writ Petition No. 1986 of 2016 stands reviewed. The said writ petition is restored to its original position.

6.

Review application is disposed of.

( SHRIKANT D. KULKARNI ) ( S. V. GANGAPURWALA ) JUDGE JUDGE P.S.B.