Sunil Manikchand Kasliwal And ORS v. The Union Of India Throu. Chairman And Ceo Railways Board Ministry Of Railways And ORS

Digitally signed by PRASHANT VILAS RANE Date:

2025.09.12 16:16:30 +0530 18WP-10995-2024.DOC PRASHANT VILAS RANE

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10995 OF 2024 Sunil Manikchand Kasliwal & Ors.

...Petitioners

Vs Union of India & Ors.

...Respondents

__________ Ms. Sakshi Ajit Kale with Ms. Tara Qureshi i/b. Ajit B. Kale, for Petitioners. Mrs. M. P. Thakur, AGP for the State.

__________

CORAM:

G. S. KULKARNI & AARTI A. SATHE, JJ.

DATE:

9 SEPTEMBER 2025.

P.C.

1.

This petition under Article 226 of the Constitution of India is filed praying for the following substantive reliefs: (A) This Writ Petition may kindly be allowed.

(B)Record and proceeding of this case be called for. (C) To direct the respondents to initiate the land acquisition proceedings as per the provisions of Railway Act, 1989 and Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act,2013 to the extent of the petitioners and complete the same within a period of 6 months and for that purpose issue necessary writs and orders. (D) To direct the respondents to pay 80% of the amount of compensation in advance to the petitioners since they have already taken over the possession of the land of the petitioners and initiated construction activities without providing any compensation for the same and for that purpose issue necessary writs and orders." 2.

At the outset, learned Counsel for the petitioners has fairly informed that during the pendency of this petition, Land Acquisition Award has been passed on 3 December 2024. The petitioners now intends to take recourse to an 09/09/2025 P. V. Rane

18WP-10995-2024.DOC appropriate remedy as may be permissible in law to assail the award, in the event the award is affecting the rights of the petitioners. 3.

She accordingly seeks leave to withdraw this petition with liberty to file appropriate proceedings to challenge the award. 4.

Allowed to be withdrawn with liberty as prayed for. 5.

All contentions of the parties are expressly kept open. 6.

Disposed of as withdrawn. No costs.

(AARTI A. SATHE, J.) (G. S. KULKARNI, J.) 09/09/2025 P. V. Rane