Bombay High CourtWP/4390/2016dispossed offdismiss for default

Sushmita W/O. Naresh Kochar v. State Of Maharashtra Thr. Secretary Urban Development Dept., Mumbai And Others

2016-12-02Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Mrs. Justice Swapna Joshi2 pages

WP4390-16 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 4390/2016 (SUSHMITA NARESH KOCHAR VERSUS STATE OF MAHARASHTRA) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri Anand Parchure, counsel for the petitioner. Ms T. Khan, A.G.P. for the R-1, 2 & 5.

Shri P.N. Kothari, counsel for the R-3 & 4.

CORAM : SMT. VASANTI A NAIK AND MRS. SWAPNA JOSHI, JJ.

DATE : DECEMBER 2 , 2016.

Shri Kothari, the learned counsel for the respondent nos.3 and 4, states by referring to the affidavit-inreply filed on behalf of the respondent nos.3 and 4 that the land acquisition proceedings would be initiated in respect of the land of the petitioner under the Right To Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and the petitioner should not have any grievance if the land of the petitioner is acquired under the said Act.

Shri Parchure, the learned counsel for the petitioner, states that since the petitioner was under an impression that the respondents would acquire the land of the petitioner as per the provisions of the Land Acquisition Act, 1894 despite coming into force of the Right To Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, the petitioner had filed the instant petition with the prayers, that are made therein. It is stated that since the respondents have issued the notification under the Act of 2013, the grievance of the petitioner stands redressed.

WP4390-16 In the aforesaid set of facts, we dispose of the writ petition with no order as to costs.

JUDGE JUDGE APTE