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Bombay High CourtWP/4328/2024disposed off

Tulsidas Dayaram Bhoyar v. The State Of Maharashtra, Thr. Secretary, Water Resources Department, Mumbai And Others

2024-07-24Hon'Ble Shri Justice Nitin W. Sambre,Hon'Ble Shri Justice Abhay J. Mantri2 pages

2024:BHC-NAG:7977-DB 1 911-wp 4328.2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO. 4328 OF 2024 ( Tulsidas Dayaram Bhoyar vs. The State of Maharashtra and others ) Office Notes, Office Memorandum of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Mr.P.D.Sharma, Advocate for the petitioner.

Mr.A.A.Madiwale, Assistant Government Pleader for respondent Nos.1 to 3.

CORAM : NITIN W. SAMBRE AND ABHAY J. MANTRI , JJ.

ATE : JULY 24 , 2024 Mr.P.D.Sharma, learned Counsel for the petitioner, submits that the petitioner is seeking direction to respondents to consider the petitioner, his father Dayaram and brother Devdas, whose details are reflected in the revenue records, as three separate units and implement the rehabilitation scheme by following the procedure laid down under Chapter-IV of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as "the Act of 2013").

2) It is further submitted that in view of the proceedings taken out under Section 11 of the Act of 2013, the notification was objected pursuant to the provisions of Section 15(2) of the said Act. It is claimed that through the objection it was demonstrated that the petitioner, his father Dayaram and brother Devdas are three separate units. According to the petitioner, the said claim is not considered by the respondents though written objection was lodged to that effect. 3) In this background, we deem it appropriate to direct the petitioner to appear before the respondent No.3

2 911-wp 4328.2024.odt Sub-Divisional Officer, Bhandara along with copy of the present petition and Annexures on 05/08/2024. The said Authority shall hear the petitioner and pass an appropriate order on the objections raised by the petitioner as expeditiously as possible and in any case within a period of four weeks. 4) As such, the petition stands disposed of.

( ABHAY J. MANTRI, J. ) ( NITIN W. SAMBRE, J. ) KOLHE