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2023 Supreme(Bom) 288

R. D. DHANUKA, GAURI GODSE
Ashok Hari Shitlani – Appellant
Versus
State of Maharashtra, Through the Secretary, Revenue and Forest Department – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr.Y.S. Jahagirdar, Senior Advocate with Mr.N.V. Walawalkar, Senior Advocate, Mr.S.M. Sabrad and Mr.Amey Sawant
For the Respondent: Mr.A.I. Patel, Additional Government Pleader with Ms.M.S. Bane, AGP, Mr.Kezar Kharawala with Mr.Pradosh Patil i/b Lex Juris, Dr.Uday Warunjikar with Mr.Nitesh Bhutekar i/b Mr.Vijay Dighe, Mr.Akshay R. Kulkarni i/b Mr.Ashutosh M. Kulkarni

JUDGMENT :

R.D. DHANUKA, J.

1. Rule. Mr.Patel, learned Additional Government Pleader waives service for the Respondent Nos.1 to 3. Mr.Kharawala waives service for the Respondent Nos.5 to 8. Dr.Warunjikar, waives service for the Respondent Nos.9 and 10. Mr.Kulkarni waives service for CIDCO - Respondent No.11. Rule is made returnable forthwith. By consent of the parties, the Petition is taken up for final hearing.

2. By this Petition filed under Article 226 of the Constitution of India, the Petitioner seeks a writ of certiorari for quashing and setting the Consent Award dated 4 July, 2017 and for a declaration that the land acquisition proceedings in respect of the writ property bearing Survey No.395, Hissa No.O at Village Vahal, Taluka Panvel, District Raigad admeasuring 01 H 75R (17500 sq. mtrs.) have lapsed.

3. The Petitioner has also prayed for a writ of certiorari for quashing and setting aside the order dated 28 August, 2015 passed by the Respondent No.2 and further seeks a writ of mandamus against the Respondent Nos.1 to 3 to pass an order under Section 11 of the Land Acquisition Act, 1894 in the name of the Petitioner in respect of the agricultural land i.e. land bearing Survey N

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