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2016 Supreme(Bom) 1716

B.R.GAVAI, V.M.DESHPANDE
Manoj S/o Mohanlal Bilala – Appellant
Versus
Arvind s/o Laxman Mulay – Respondent


Advocates Appeared:
For the Petitioner: Mr. R.L. Khapre
For the Respondents: Mr. M.K. Pathan, Mr. S.V. Sohoni, Mr. Anand Parchure

JUDGMENT :

B.R. Gavai, J.

1. Rule. Rule made returnable forthwith. Heard the learned Counsel for the parties finally by consent.

2. The petitioner has filed the present petition seeking a declaration that the proceedings of acquisition initiated by respondent no.19 for respondent no.20 vide award declared on 11.4.1996 in Land Acquisition Case No. 9147/8283 of Akola is statutorily lapsed by operation of law under Section 24(2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as “the 2013 Act” for the sake of brevity).

3. The facts in the present case are quite interesting. The land bearing Plot No. 33/1, Sheet No. 40A situated in the area of Akola Municipal Corporation originally owned by the petitioner in Writ Petition No. 1869/98 and Writ Petition No. 789/01 was sought to be acquired by the State Government for the purpose of Akola Municipal Corporation. The notification under Section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as “the old Act”) was notified on 25.1.1983. The notification under Section 6 of the old Act came to be published on 10.11.1984. The award came to be pass


































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