Chotu Harsing Rathod Died Through Lrs Rohadas Chotu Rathod And Others v. The State Of Maharashtra Through Its Secretary And Others
2024:BHC-AUG:16190-DB 934, 967 WP-7580-24++.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD 934 WRIT PETITION NO. 7580 OF 2024 UKHA PRABHU CHAVAN AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS AND 967 WRIT PETITION NO. 891 OF 2024 MORSING DAGDU CHAVAN
VERSUS
THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS AND 1 WRIT PETITION NO. 7801 OF 2024 CHOTU HARISING RATHOD (DEAD) THROUGH HIS L.RS., ROHIDAS CHOTU RATHOD AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS ....
Mr. D. K. Thote, Advocate for the Petitioners Mr. R. K. Ingole, AGP for the Respondent - State ....
CORAM : RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.
DATE : 25.07.2024 PER COURT :- 1.
Writ Petition No.7801 of 2024 is not on board. By consent of the parties, taken on board.
(( 2 )) 934, 967 WP-7580-24++ 2.
The two issues, involved in these matters with regard to the date of applicability of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and the multiplier, are no longer res-integra in the light of the judgments of this Court in Namdeo Apparao Chate and others Vs. the State of Maharashtra and others, 2024(1) Mh.L.J. 455, and the final order dated 30.03.2023, delivered in Writ Petition No.2547 of 2023 (Pandurang Sandhu Rautray and others Vs. the State of Maharashtra and others), decided at Aurangabad. 3.
There is no dispute that the present Petitions are covered by both these orders.
4.
In view of the above, for the reasons set out in the judgment delivered in Namdeo Apparao Chate (supra), these Writ Petitions are partly allowed. The impugned awards are quashed and set aside. The directions set out in paragraphs 20 and 21 of the judgment in Namdeo Apparao Chate (supra), would be squarely applicable to these cases. Similarly, on the point of the multiplier being 2, instead of 1.5, the view taken by this Court in Pandurang Sandu Rautray (supra), vide final order dated 30.03.2023, shall be squarely applicable to these cases.
(( 3 )) 934, 967 WP-7580-24++ 5.
Accordingly, we direct the Competent Authority to pass a fresh award in the light of the above, within a period of 60 days. 6.
If the model code of conduct is declared, the same would not be an impediment.
[ Y. G. KHOBRAGADE, J. ] [ RAVINDRA V. GHUGE, J. ] SMS