Shri Rishi S/O Ravi Saraf Anothers v. State Of Maharashtra, Through Collector, Nagpur And Anothers

Order 1306caw1098.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

C.A.W.NO. 1098/2017 IN W.P.NO.4108/2014.

Rishi Ravi Saraf and another.

-VERSUSState of Maharashtra and another.

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 AND ROHIT B. DEO, JJ.

DATE : JUNE 13, 2017.

Heard Mrs. G. Venkatraman, learned Counsel for the petitioners/applicants, learned A.G.P. for respondent nos. 1 to 3 and Shri A.A. Kathane, learned Counsel for respondent no.4.

2.

The added respondent no.4 has already commenced the work of construction of part of National Highway on land in dispute. The Highway is being constructed before and even after said land. Thus, stopping construction of a segment of that National Highway will render entire highway useless. 3.

This Court has already admitted the

Order 1306caw1098.17 petition for final hearing. Question is - Whether earlier acquisition had lapsed in terms of Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and hence, petitioners/applicants are entitled to claim initiation of fresh acquisition proceedings ? The moot question is therefore about the rate at which the petitioners need to be paid for said portion. 4.

Considering all these issues, we expedite hearing of Writ Petition and fix the same for final hearing in w/c. 24.07.2017. Civil Application is accordingly disposed of. No costs.

JUDGE JUDGE Rgd.