Munsi S/O Motiram Kasdekar And Others v. State Of Maharashtra, Thr. Secretary, Ministry Of Revenue And Forest Dept., Mumbai And ORS.

2025:BHC-NAG:1132-DB 24-wp6727.24.odt 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 6727 OF 2024 Munsi Motiram Kasdekar and others -Vs.- State of Maharashtra and others ---------------------------------------------------------------------------------------------- Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and Registrar's orders.

---------------------------------------------------------------------------------------------- Mr. P.R.Agrawal, Adv. for the petitioner.

Mr. Sachin Narale, AGP for the respondents-State. CORAM : AVINASH G. GHAROTE & ABHAY J. MANTRI, JJ.

DATE : 5TH FEBRUARY, 2025 Heard Mr.Agrawal, learned counsel for the petitioners and learned AGP Mr.Narale for the respondents. 2.

The petition questions the decision of the respondent No.4-Committee, as is reflected from the minutes of the meeting dated 04/05/2020 (Pg.28), to deduct 10% nazrana from the compensation payable to the petitioners on account of acquisition of their land treating the holding of the land as class-II. The GR dated 15/07/2010, which so directed, has been held to be violative of Article 14 of the Constitution and has been set aside by the learned Division Bench of this Court in Diksha Dilip Pawar and others v. Competent Authority (Writ Petition No.3545 of 2020 and connected petitions), decided on 13/04/2022 at the Principal Seat (Pg.25). The State also, in the meeting dated 24/06/2024, the minutes of KHUNTE

24-wp6727.24.odt 2/2 which have been placed on record, have taken a decision to return the 10% deduction made on account of acquisition of the land for projects by treating the land as held in class-II category. This being the position, the minutes of the meeting dated 04/05/2022, insofar as they direct deduction of 10% of the amount of compensation as nazarana, cannot be sustained and are hereby quashed and set aside and the respondents are directed to make payment of this amount to the petitioners within a period of four weeks from today. The petition is allowed in the above terms. No costs. (ABHAY J. MANTRI,J) (AVINASH G. GHAROTE, J) Signed by: Mr. G.S. Khunte Designation: PS To Honourable Judge Date: 05/02/2025 18:43:17 KHUNTE