Bombay High Court
Jagan Damu Kambari And Ors vs The State Of Maharashtra Thr The ... on 6 July, 2023
Author: M.M. Sathaye
Bench: B. P. Colabawalla, M.M. Sathaye
5 wp 6932-23.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.6932 OF 2023
Digitally signed
by LAXMI
LAXMI SUBHASH
SUBHASH SONTAKKE
SONTAKKE Date:
2023.07.07
11:38:23 +0530 Jagan Damu Kambari & Ors. .. Petitioners
Versus
The State of Maharashtra & Ors. .. Respondents
Mr. Gaurav Potnis a/w Dhruvit Shah and Nidhi Shah i/b. Pallavi
Potnis, for the Petitioners.
Ms. S. D. Vyas, 'B' Panel Counsel for Respondent Nos. 1 and 4.
Mr. Devesh Juvekar a/w Kavita Brid Chavan and Honey
Chandnani i/b. Rajani Associates for Respondent No.3.
CORAM : B. P. COLABAWALLA &
M.M. SATHAYE, JJ.
DATE : JULY 06, 2023
P. C.
1. The above Writ Petition is filed inter-alia seeking to challenge the Constitutional validity of Section 10(b) of the Indian Telegraph Act, 1885 as well as for a direction that the Respondents acquire the land of the Petitioners under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Re- Rehabilitation and Resettlement Act, 2013 (for short the "2013 Act"). The other directions that are sought are to quash and set aside the Page 1 of 3 JULY 06, 2023 Laxmi ::: Uploaded on - 07/07/2023 ::: Downloaded on - 07/07/2023 18:12:55 ::: 5 wp 6932-23.doc Government Resolution dated 1st December, 2022 and/or at least modify the same so that compensation is paid as per Sections 26 to 30 of the 2013 Act.
2. At the outset, the learned Counsel appearing for the Petitioner has stated that he is not pressing the prayer which challenges the Constitutional validity of Section 10(b) of the Indian Telegraph Act, 1885. He submitted that the limited relief he seeks in the present Petition is that compensation be determined as per Section 10(d) of the Indian Telegraph Act, 1885, and if for any reason, the Petitioners are dissatisfied with the amount awarded, his statutory right under Section 16 to seek enhancement be kept open.
3. In the interregnum, the learned Counsel appearing for the Petitioner submitted that the Respondents be restrained from entering upon the Petitioner's land to carry out any work of putting up power transmission lines.
4. The learned AGP waives service on behalf of Respondent Nos. 1 and 4 and Mr. Juvekar waives service on behalf of Respondent Page 2 of 3 JULY 06, 2023 Laxmi ::: Uploaded on - 07/07/2023 ::: Downloaded on - 07/07/2023 18:12:55 ::: 5 wp 6932-23.doc No.3. They have both requested for two weeks' time to file an affidavit in reply to the above Writ Petition.
5. Acceding to their request, it is directed that the State as well as Respondent No.3 shall file their affidavit in reply, if any, on or before 20th July, 2023 and serve a copy of the same on the Advocates for the Petitioners.
6. The Petitioners are also directed to furnish an English translated copy of the GR dated 1st December, 2022.
7. We make it clear that we have not granted any ad-interim relief in the present Petition at least for the time being. We will consider this relief only once the replies are filed by the respective Respondents.
8. This order will be digitally signed by the Private Secretary/ Personal Assistant of this Court. All concerned will act on production by fax or email of a digitally signed copy of this order. [ M.M. SATHAYE, J.] [ B. P. COLABAWALLA, J.] Page 3 of 3 JULY 06, 2023 Laxmi ::: Uploaded on - 07/07/2023 ::: Downloaded on - 07/07/2023 18:12:55 :::