M/S Shewalkar Developers Limited, Nagpur Through Its M. D. Shri Ashutosh Ram Shewalkar v. State Of Maharashtra Through Its Secretary, Urban Development Department, Mumbai And 2 Others
wp2025.15 1/2 FARAD CONTINUATION SHEET NO.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 2025 OF 2015 M/s. Shewalkar Developes Ltd., Nagpur, thr. Its Managing Director -vsState of Maharashtra, thr.its Secretary Urban Development Department and others ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.
or directions and Registrar's orders.
------------------------------------------------------------------------------------------------------------------------------------ Mr. Shyam Dewani, counsel for the petitioner. Mr. S. M. Bhagde, AGP for the respondent Nos.1 and 2. Mr. R. M. Bhangde, counsel for the respondent No.3. CORAM : SMT. VASANTI A. NAIK & A. I. S. CHEEMA, JJ.
DATE : 15.10.2015.
Heard.
Since the acquisition in the instant case is admittedly initiated under the provisions of the Maharashtra Regional and Town Planning Act, 1966, it is submitted on behalf of the respondent No.3 that the provisions of Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Re-settlement Act, 2013 would not apply to the said land acquisition and land acquisition proceedings in this case would not lapse. It is stated that this issue stands answered against the petitioners by the order dated 06/05/2015 in Writ Petition Nos.440 and 6928 of 2014.
Shri Dewani, the learned counsel for the petitioner, does not dispute that the issue involved in this case was also involved in Writ Petition Nos.440 and 6928 of 2014 and this Court has, by the order dated 06/05/2015, dismissed the writ petitions after holding that the provisions of Section 24 (2) of the Right to Fair Compensation and Transparency in Land Acquisition,
wp2025.15 2/2 Rehabilitation and Re-settlement Act, 2013 pertaining to lapsing would not apply to the acquisition under the Maharashtra Regional and Town Planning Act.
Hence, for the reasons recorded in the order dated 06/05/2015 in Writ Petition Nos.440 and 6928 of 2014, we dismiss the writ petition with no order as to costs. JUDGE JUDGE KHUNTE