Motiram S/O Mahadevrao Vizekar Thr. P.O.A. Raju S/O Motiram Vizekar v. State Of Maharashtra Through Collector, Amravati

14caf 1642.2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAF) NO. 1642/2021 IN FIRST APPEAL (FA) NO. 461/2021 MOTIRAM S/O MAHADEVRAO VIZEKAR ..VS..

STATE OF MAHARASHTRA AND ORS ----------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Court'

s or Judge'

s Order Coram, appearances, Court'

s Orders or directions and Registrar'

s order__________________________________________________________ Ms. Priyanka Mane h/f. Shri R.D. Bawiskar, Advocate for applicant/appellant Shri I.G. Damale, AGP for non-applicant/respondent nos. 1 and 2 Shri M.A. Kadu, Advocate for non-applicant/respondent no. 3 CORAM : NITIN W. SAMBRE, J.

DATED : 29/08/2022 Heard.

This appeal is filed by the claimant seeking enhanced compensation under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short the "Act of 2013").

The appeal was admitted on 16.12.2021. However, there appears to be an office objection that appellant has not deposited the amount of court fee on the claim made in the appeal. As a sequel of the above, the present application is taken out based on orders of this Court and also at Aurangabad Bench passed on 28.04.2021 in First Appeal (ST) No. 639/2021 and Writ Petition 4043/2019 on 29.03.2019 at Aurangabad Bench.

Vide both these orders, the directions to pay court fee came to be stayed principally with an observation that the Authority dealing with the claim for enhanced compensation under the Act of 2013 prima facie appears to be not empowered with the power of SMGate

14caf 1642.2021.odt a Court so as to make the provisions of the Maharashtra Court Fees Act applicable to the proceedings.

In bunch of writ petitions at Aurangabad Bench i.e. Writ Petition No. 6334/2020 with connected matters decided on 16.12.2021 by the Division Bench categorical findings recorded in paragraph no. 58 that the provisions of the Maharashtra Court Fees Act are very much applicable to the proceedings under Section 65 of the Act of 2013 i.e. Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

In that view of the matter, since issue is no more res integra, the civil application stands rejected.

It is directed that appellant must deposit court fees within a period of twelve weeks from today, failing which the appeal shall stands dismissed without further reference to the Court. (NITIN W. SAMBRE, J.) Digitally signed by SANDIP MAHADEV GATE Date:

2022.09.03 11:40:49 +0530 SANDIP MAHADEV GATE SMGate