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2022 Supreme(SC) 190

M. R. SHAH, B. V. NAGARATHNA
Kolhapur Municipal Corporation – Appellant
Versus
Vasant Mahadev Patil (Dead) through LRs. – Respondent


Advocates appeared:
For the Appellant(s) : Mr. Shivaji M. Jadhav, AOR
For the Respondent(s): Mr. Abhay Anil Anturkar, Adv. Dr. R. R. Deshpande, AOR M/S. Dr. R.R. Deshpande And Associates, AOR Ms. Yugandhara Pawar Jha, Adv Mr Rahul Chitnis, Adv. Mr. Sachin Patil, AOR Mr. Aaditya A. Pande, Adv. Mr. Geo Joseph, Adv. Ms. Shwetal Shepal, Adv.

JUDGMENT :

M.R. SHAH, J.

1. Feeling aggrieved and dissatisfied with the impugned judgment and order dated 13.08.2018 passed by the High Court of Judicature at Bombay in Writ Petition No. 5310 of 2018 by which the Division Bench of the High Court has allowed the said writ petition preferred by the private respondents herein-original writ petitioners and has issued the writ of Mandamus directing the appellants-Kolhapur Municipal Corporation and others to acquire the land in question and to issue a declaration under Section 19 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as “Act of 2013”) Kolhapur Municipal Corporation and others have preferred the present Civil Appeal No. 510 of 2022.

1.1 In the aforesaid Writ Petition No. 5310 of 2018 after the judgment was delivered on 13.08.2018, the Kolhapur Municipal Corporation preferred one further Civil Application No. 2461 of 2018 in Writ Petition No. 5310 of 2018 for appropriate order directing the original writ petitioners to accept the TDR in lieu of monetary compensation, which has been rejected by the High Court by order dated 10.12.2018. The same

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