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2013 Supreme(Bom) 1644

D.Y.CHANDRACHUD, MRIDULA BHATKAR
State of Maharashtra – Appellant
Versus
Shantaram B. Nawale (deceased) Lahu Shantaram Nawale – Respondent


Advocates Appeared:
For the Applicants: Nitin Deshpande, AGP.
For the Respondents:G.S. Godbole, Pralhad Paranjpe, G.H. Potnis i/b. Ms. Pallavi H. Potnis, Advocates.

JUDGMENT:

Dr. D.Y. Chandrachud, J.

The prayer in the Civil Application is for modification of an order dated 17 July 2012 passed by a Division Bench consisting of Hon'ble Mr.Justice S.A. Bobde (as His Lordship then was) and Hon'ble Mrs. Justice Mridula Bhatkar and for an extension of time for issuance of a notice under Section 16(2)(a) of the Maharashtra Resettlement of Project Affected Persons Act, 1999 by a period of six months.

2. The Division Bench delivered a judgment dated 17 July 2012 on a batch of matters where the Petitioners were owners of agricultural lands which were acquired for the Bhama Askhed Project. The Division Bench observed that it was not disputed that: (i) The lands were acquired by the State Government for submergence in the Bhama Askhed Project; (ii) The Petitioners were not given any notice by the Collector informing them of their entitlement to get alternate land; and (iii) The Petitioners were not given notice under Section 16(2)(a) of the Act. The Petitioners were denied a right to get alternate land on the ground that they had not deposited sixty-five per cent of the amount of compensation within a time limit of forty five days. The Petitions were dis






























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