Dilip Dattatray Kurane v. The Collector (Rehabilitation) And ORS.
Megha 903_wp_8167_2018.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITIONNO.8167 OF 2018 Dilip Dattatray Kurane
...Petitioner
Versus
The Collector (Rehabilitation) and Ors.
...Respondents
.....
Mr. A.Y. Sakhare, Senior counsel i/b. Mr. Omkar Nagvekar for the Petitioner.
Mr. A.I. Patel, Addl. GP with Mr. R.P. Kadam, AGP for the Respondnet Nos.1,2 and 4-State.
Mr. Akshay P. Shinde for the Respondent No.3. CORAM : A.A. SAYED AND SMT. ANUJA PRABHUDESSAI, JJ.
DATED: 6th DECEMBER, 2019.
P.C.:- Prayer clause (b) of the Petition reads as follows:- "b.This Hon'ble Court be pleased to direct Respondents to return land admeasuring City Survey No.3198 admeasuring 12150 sq. meters that was acquired for the Rehabilitation of homeless (reservation No.44) in view of Section 101 of the Right to Fair Compensation and Transperancey in Land Acquisition, Rehabilitaiton and Resettlement Act, 2013 to Petitioner."
2.
It is an admitted position that the acquisition of the subject land was under the provisions of the Maharashtra Regional and Town Planning Act, 1966 by issuing Notifcation under Section 126(4). Section 101 of the Right to Fair Compensation and Megha 1/2
Megha 903_wp_8167_2018.odt Transperency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, which provides for return of the unutilised land, would not be applicable in the present case. Even otherwise, it is seen that the award was passed on 31/3/1990. The possession of the subject land was taken on 8/5/1990. The compensation has been deposited in Court under Section 30 of the Land Acquisition Act, 1894. Moreover, as per the revised sanctioned Development Plan, the subject land is now reserved for "Sewage Treatment Plant". The learned Counsel for the Respondent No.3-Municipal Corporation states that about 60% to 70% work of the Sewage Treatment Plant has already been completed.
3.
In view of the above, there is no merit in the Petition. The Petition is dismissed.
Digitally signed by Megha Parab Date:
2019.12.11 11:55:21 +0530 Megha Parab (ANUJA PRABHUDESSAI, J.) (A.A. SAYED, J.) Megha 2/2