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Bombay High CourtWP/9619/2025disposed off

Chandrakant Dattatray Chaudhari v. The District Collector Nashik And ORS

2025-10-13Hon'Ble Shri Justice G. S. Kulkarni , Hon'Ble Ms Justice Aarti A. Sathe2 pages

4.WP.9619.2025.DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9619 OF 2025 Chandrakant Dattatray Chaudhary Petitioner

Versus

TheDistrict Collector (Land Acquisition) Nashik and others Respondents _______ Mr.Dhanraj A.Lodha for Petitioner.

Mr.B.V.Samant, Additional G.P. with Ms.M.P.Thakur, AGP, for Respondent State. _______

CORAM:

G. S. KULKARNI & AARTI SATHE, JJ.

DATE:

13th October 2025 P.C.

1.

In this petition filed under Article 226 of the Constitution of India the only intervention of the Court as urged on behalf of the Petitioner, is that in the operative order passed by the Sub Divisional Officer (Land Acquisition No.II), Nashik, in respect of the amounts being deposited with the Civil Court, the amounts will now be required to be deposited with the authority as per Section 2(a-1) and 3(f) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. Such contention is correct which needs to be accepted.

2.

Accordingly we direct the Sub Divisional Officer (Land Acquisition No.II), Nashik to take appropriate steps to move the Civil Court and obtain orders and transfer the said amounts to the authority as stipulated under Right to Fair MANISH SURESHRAO THATTE Date: 2025.11.10 10:06:01 +0530 MANISH SURESHRAO THATTE Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

Manish Thatte

4.WP.9619.2025.DOC 3.

Considering the limited orders we are called upon to pass, in our opinion, as the Respondents are not represented, no prejudice will be caused to the Respondents. We keep open all the contentions of Respondent nos.5 and 6. We, however, direct that the authority shall follow the procedure in law and only after hearing the Petitioner and Respondent nos.5 and 6, take appropriate decision on any application on the main proceedings in regard to the disbursement of amounts. All contentions of the parties in that regard are expresly kept open. Disposed of. No costs.

(AARTI SATHE, J.) (G. S. KULKARNI, J.) Manish Thatte