Namdev Uttam Naikwad And Others v. The State Of Maha., Irrigation Department, Thr. Its Secretary, Mumbai And ORS.

917wp4100.24.odt 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO.4100 OF 2024 (Namdev Uttam Naikwad and others .vs. The State of Maharashtra and others) WITH WRIT PETITION NO.4199 OF 2024 (Dilip Sheshrao Nagpure and others .vs. The State of Maharashtra and others) WITH WRIT PETITION NO.4186 OF 2024 (Jitendra Janardhan Pawar and others .vs. The State of Maharashtra and others) __________________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Shri P.S. Kshirsagar, Advocate for the petitioners, Shri H.R. Dhumale, Assistant Government Pleader for respondent nos.1 to 3. .........

C ORAM : NITIN W. SAMBRE AND ABHAY J. MANTRI, JJ. D ATE : 30.07.2024.

Heard the learned Counsel for the parties.

2.

Vide communication dated February 15, 2023, the petitioners were communicated that their claim under Section 28-A of the Land Acquisition Act, 1894 (for short 'Act of 1894') for additional compensation cannot be considered as the petitioners have already received rehabilitation compensation. 3.

Drawing support from the judgment of this Court in the matter of Motiram Zingar Wawre .vs. State of Maharashtra and others , reported in 2017 (4) Mh.L.J. 627, it is claimed that

917wp4100.24.odt 2/2 the rehabilitation compensation awarded has to be considered in addition to the statutory compensation provided under Section 28-A of the Act of 1894 provided the component received under the head "rehabilitation compensation" has to be adjusted with enhanced compensation sought under Section 28-A of the Act of 1894.

4.

In that view of the matter, issue notice for final disposal at admission stage to the respondents, returnable on 20th August, 2024.

5.

Shri Dhumale, learned Assistant Government Pleader waives service of notice for respondent nos.1 to 3. (ABHAY J. MANTRI, J.) (NITIN W. SAMBRE, J.) Gulande Signed by: A.S. GULANDE Designation: PS To Honourable Judge Date: 31/07/2024 11:05:45