Kazi Akiloddin S/O Sujaoddin And Another v. The State Of Maharashtra, Thr. Collector, Akola And Others

Order 1602wp928.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 928/2018.

Kazi Akiluddin Sujaoddin and another.

-VERSUSThe State of Maharashtra and others.

Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

CORAM : B. P. DHARMADHIKARI & MRS. SWAPNA JOSHI, JJ.

DATE : FEBRUARY 16, 2018.

Heard Shri R.D. Karode, learned counsel for petitioners and Shri A. Chutke, learned A.G.P. for respondent nos. 1 to 3.

2.

In the light of orders of this Court dated 18.08.2017 in Writ Petition No. 5128/2017, it is apparent that possession was taken after publishing notification under Section 4 of the Land Acquisition Act. This Court has in that order observed that if such possession is lost after Section 4 declaration, rental compensation is not possible.

3.

Petitioners claim that there has been

Order 1602wp928.18 subsequent notification on 10.04.2015 under Section 11 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Petitioners were therefore, given leave to make appropriate representation.

4.

In the representation the petitioners are claiming rental compensation even after the date with reference to which market value of the land has been determined.

5.

Reply give by respondents on 18.12.2017 correctly negates the claim. We find no substance in the petition. Writ Petition is, therefore, rejected. No costs.

JUDGE JUDGE Rgd.