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Bombay High CourtWP/386/2019disposed of

Himmat Singh And ANR., v. Union Of India, Thr. The Secretary, New Dlehi And 2 ORS.,

2025-03-05Hon'Ble Shri Justice M. S. Karnik,Hon'Ble Ms Justice Nivedita P. Mehta2 pages

MCA(F) 592 of 2025 Andreza

IN THE HIGH COURT OF BOMBAY AT GOA

MISC.CIVIL APPLICATION NO.592 OF 2025 (F) WITH WRIT PETITION NO.386 OF 2019 MISC.CIVIL APPLICATION NO.592 OF 2025 (F) M/S GOA TAMNAR TRANSMISSIONS PROJECT LIMITED THROUGH ITS MANAGING DIRECTOR ... APPLICANT

Versus

HIMMAT SINGH AND ANR., ... RESPONDENT WITH WRIT PETITION NO.386 OF 2019 HIMMAT SINGH AND ANR., ... PETITIONERS

Versus

UNION OF INDIA, THR. THE SECRETARY, NEW DLEHI AND 2 ORS., ... RESPONDENTS Mr. Shivan Desai, Advocate with Ms. Maria Viegas, Advocate for the Applicant.

Mr. A. Gosavi, Advocate with Ms. Krupa Naik, Advocate for the (Original Petitioner) Mr. Pravin Faldessai, Deputy Solicitor General of India for Respondent no. 1.

Mr. V. Sardessai, Additional Government Advocate for Respondent no. 3.

Mr. V. Sard Adv. V. Sardessai, AGA for R.3 CORAM:- M. S. KARNIK & NIVEDITA P. MEHTA, JJ.

DATED :- 5th March, 2025 P.C.

In view of the subsequent developments, the petition has become infructuous. However, it is made clear that the petitioner's right to 5th March, 2025

MCA(F) 592 of 2025 claim compensation in accordance with law is expressly kept open. The petitioner is at liberty to file appropriate proceedings for claiming compensation. It is also made clear that we have not expressed any opinion as to on what basis the petitioner would be entitled to get the compensation as it is one of the contention of the petitioner that the petitioner's claim for compensation will have to be in view of the provisions of the Right to Fair Compensation and Transparency in Land Acquisition. All these contentions may be raised in the proceedings that may be filed by the petitioner for compensation. We have expressed no opinion on these contentions.

2. All contentions of all the parties as regards the claim of compensation are kept open.

3. Petition is disposed of. No costs.

4. Misc. Civil Application is disposed of.

NIVEDITA P. MEHTA, J.

M. S. KARNIK, J.

Signed by: ANDREZA RODRIGUES EPEREIRA Designation: Private Secretary Date: 06/03/2025 15:43:00 5th March, 2025