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2015 Supreme(Bom) 2376

VASANTI A.NAIK, A.M.BADAR
HANUMANRAO MORBAJI GUDADHE – Appellant
Versus
STATE OF MAHARASHTRA – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: P. V. Vaidya,Mrs. Ketki Jaltare,Rahul Tajne
For the Respondent: N. S. Rao,R. M. Bhangde

JUDGMENT :

Whether the provisions of section 24 (2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as 'the RFCTLARR Act' for the sake of brevity) would apply to the acquisition of the lands under the provisions of the Maharashtra Regional and Town Planning Act, 1966 (hereinafter referred to as 'the MRTP Act') is the question that falls for consideration in these writ petitions.

2. The facts giving rise to the question are stated thus :-

The land of the petitioners in Writ Petition No. 440 of 2014 was acquired under the provisions of the MRTP Act by an Award dated 18-9-2013. According to the petitioners, though the Award was passed by the Special Land Acquisition Officer on 18-9-2013, the majority landholders have not received the compensation and, hence, in view of the provisions of the proviso to section 24 of the RFCTLARR Act, the petitioners would be entitled to compensation as per the provisions of the RFCTLARR Act. The land of the petitioner-Society in Writ Petition No. 6928 of 2014 was acquired under the provisions of the MRTP Act by the Award dated 29-1-2008 and since the petitioner-Soci















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