Bombay High CourtWP/5039/2014dispossed offdismiss for default

Lrs. Of Rajaveer Bahadur Shah S/O Raja Azamshah Adityapratap S/O Rajaveer Bahadur Shah v. State Of Maharashtra Through The Collector, Nagpur And 2 Others

2015-03-27Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Shri Justice A.M. Badar2 pages

wp5039.14 1/2 FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO.5039 OF 2014 LRs of Rajaveer Bahadur Shah, Shri Adityapratap RajaveerBahadur Shah -vsState of Maharashtra and others ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

------------------------------------------------------------------------------------------------------------------------------------ Dr.A.H.Jamal, counsel for the petitioner.

Mr.D.P.Thakre, Addl.G.P.for the respondent Nos.1 and 2. CORAM : SMT. VASANTI A. NAIK & A.M.BADAR, JJ.

DATE : 27.03.2015.

Heard.

By this petition, the petitioner challenges the award passed by the Special Land Acquisition Officer on 13/03/2014 on the ground that though it was passed after the coming into force of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, the compensation was not determined in terms of the provisions of the Act of 2013. Shri Thakre, the learned Additional Government Pleader, states on instructions received from the Land Acquisition Officer that the compensation would be determined under the Act of 2013 and a fresh award would be passed in accordance with the provisions of Section 24(1) (a) of the Act of 2013.

In view of the statement made on behalf of the Special Land Acquisition Officer on instructions received by the learned Additional Government Pleader by the

wp5039.14 2/2 communication dated 26/03/2015, the grievance of the petitioner would stand redressed.

Hence, the writ petition is disposed of by accepting the statement made on behalf of the Special Land Acquisition Officer, which would be binding on the Special Land Acquisition Officer. The award dated 13/03/2014 would not be acted upon. The respondents are free to take steps to pass an award as per the provisions of the Act of 2013.

Order accordingly. No order as to costs.

JUDGE JUDGE KHUNTE