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Bombay High CourtCA/7937/2017dismissedrule discharged

Shirdi Nagar Panchayat Through Its Chief Officer v. The State Of Maharashtra And Others

2017-06-20Hon'Ble Shri Justice R. M. Borde,Hon'Ble Shri Justice K.L. Wadane2 pages

{1} CA 7937.17.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATIOIN NO.7937 OF 2017 IN WRIT PETITION NO.10442 OF 2017 Shirdi Nagar Panchayat at Shirdi, Tq. Rahata, Dist. Ahmednagar Applicant

Versus

The State of Maharashtra and others Respondents Mr. V.D.Hon, Sr. Counsel for the applicant Mr. V.M. Kagne, AGP for Respondents _______________ CORAM : R.M. BORDE & K.L. WADANE, JJ (Date : 20th June, 2017.) PER COURT :- Heard learned senior counsel for the applicant. It is pointed out that the amount determined under the Award on 13.8.2007 is deposited in the Court by the Sub Divisional Officer on 6.3.2017. The Review application contains a ground that in view of deposit of the amount in the Court, the proceedings in respect of acquisition shall not lapse. The contention is devoid of substance for the reason that the amount of compensation determined under the Award has not

{2} CA 7937.17.odt been paid before enforcement of the Act of 2013. The Act of 2013 is in force since 1.1.2014. In view of operation of Section 24(2) of the Act of 2013, the proceedings in respect of acquisition of the property shall be deemed to have lapsed. There is no error in the Judgment delivered by us on 25.4.2017. The application, seeking review of the Judgment is devoid of substance and stands dismissed.

(K.L. WADANE, J) (R.M. BORDE, J) vbd