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Bombay High Court

Sahebrao Ganpati Shinde vs The State Of Maharashtra And Others on 12 June, 2019

Author: S.P. Deshmukh

Bench: S.P. Deshmukh

                                                1                                        wp1707.17


                               FARAD CONTINUATION SHEET No.

                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    APPELLATE SIDE, BENCH AT AURANGABAD

                               WRIT PETITION NO.1707 OF 2017

                           SAHEBRAO GANPATI SHINDE
                                    VERSUS
                     THE STATE OF MAHARASHTRA AND OTHERS

Office Notes,Office Memoranda                            Court's or Judge's orders
of Coram,appearances, Court's
orders or directions and                            CORAM :   SUNIL P. DESHMUKH &
Registrar's orders                                            S.M. GAVHANE, JJ.

DATED : 12.06.2019 Mr. Anand V. Patil, Advocate for the petitioner Mr.V.C.Solshe, Advocate for respondent No.4 Mr. A.V. Deshmukh, AGP for the respondent/State PER COURT:

. Heard learned counsel for the parties.

2. Issues involved in present matters appear to be similar to issues framed by the Division Bench of this Court under order dated 11.08.2016 in writ petition No.9086/2015 and others. The issues read thus:

2 wp1707.17 "Issue:

1) If an award is passed under Section 11 of the Land Acquisition Act, 1894 and the amount as awarded under that award is not paid to majority landholders up to 31.12.2013, then, whether the claimants are entitled for compensation as per the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013?

2. Whether proviso to sub-Section 2 of Section 24 of the Act 2013 would apply only if the award is passed prior to 5 years of commencement of Act 2013 as held in case of Shrikant Shankarrao Daulatkar or if the award is passed at any time prior to 31.12.2013 & amount of compensation is not paid to majority of landholding by 31.12.2013, the compensation is required to be paid as per Act, 2013 as is held in case of Dilip Narayan Chaudhari."

3 wp1707.17

3. In the circumstances issues for decision being pending before Larger Bench, we deem it appropriate to adjourn the matter sine die.

[S.M.GAVHANE, J.] [SUNIL P. DESHMUKH, J.] VishalK/wp1707.17 ::: Uploaded on - 20/06/2019 ::: Downloaded on - 21/07/2019 06:50:17 :::