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Bombay High Court

Nitin Vitthalrao Datir And Others vs State Of Maharashtra, Thr. Its ... on 4 January, 2019

Author: Vinay Joshi

Bench: Ravi K. Deshpande, Vinay Joshi

 wp39.19.odt                                                                        1/2

   IN THE HIGH COURT OF JUDICATURE AT BOMBAY
             NAGPUR BENCH, NAGPUR.

                  WRIT PETITION NO. 39 OF 2019
         (Nitin Vitthalrao Datir and ors vrs. State of Mah and ors)

Office Notes, Office Memoramda of Coram,
appearances, Court's orders of directions            Court's or Judge's orders.
and Registrar's Orders.
                       Shri M.G.Bhangde, Senior Advocate assisted by Shri
                       S.M.Vaishnav, Advocate for Petitioners
                       Shri S.Y.Deopujari, GP for Respondent Nos. 1, 2, 3 and 5
                       Ms. R.M.Padhye, Advocate h/f Shri R.D.Dharmadhikari,
                       Advocate for Respondent No.4
                       Shri U.M.Aurangabadkar, ASGI for Respondent No.7

                       CORAM: R.K. DESHPANDE AND
                              VINAY JOSHI, JJ.

DATE: 4th JANUARY, 2019 The ordinances issued introducing the proposed Section 10A under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, have lapsed and those were not converted into an Act. The State Legislature for the first time introduced Section 10A under the said Act on 26.04.2018. The proceedings for acquisition in question were initiated by issuing notification under Section 11 on 11.09.2018 acting on the basis of the ordinances issued by the Central Government, which have lapsed.

The question is, therefore, whether the action of initiation of land acquisition proceedings by notification dated 11.09.2018 can be protected by introduction of Section 10A with effect from 26.04.2018. It seems that after amendment, the notification was issued.

Issue notice for final disposal of the matters, returnable on 01.03.2019.

Learned AGP waives service of notice for Respondent Nos. 1, 2, 3 and 5.

Ms. R.M.Padhye, Advocate h/f Shri R.D. Dharmadhikari, Advocate, waives service of notice for Respondent No.4.

Shri U.M.Aurangabadkar, A.S.G.I., waives service of notice for respondent No.7.

The proceedings for acquisition in response to the notification dated 11.09.2018 shall remain stayed.

It shall, however, be open for the State Government to issue fresh notification under Section 10A of the said Act in accordance with law.

                                      JUDGE                   JUDGE


              Rvjalit




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