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2023 Supreme(Bom) 287

R. D. DHANUKA, GAURI GODSE
Prakash G. Patel – Appellant
Versus
Land Acquisition Collector U. T. Administration of Dadra & Nagar Haveli & Daman and Diu, Revenue Department – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Rakesh D. Kumar, along with Mr. Shivkumar Mishra and Mr. Vijendra S. Jabra
For the Respondent: Mr. Hiten S. Venegaonkar, along with Mr. Aayush Kedia

JUDGMENT :

GAURI GODSE, J.

1. Rule. Mr. Venegaonkar waives service for Respondents. Rule is made returnable forthwith. By consent of the parties, the petition is taken up for final disposal.

2. This Petition was initially filed for challenging the illegal action of partial demolition and damage caused to hotel premises, viz. “M/s. Hotel Grand Heritage” at the hands of Respondent Nos. 1 to 5. The Petitioners had prayed for directing Respondent Nos. 1 to 5 to forthwith restore and repair the demolished part of the building. In the alternative, the Petitioners had prayed for allowing the Petitioners to restore and repair the building as it existed prior to illegal partial demolition and recover the expenses from Respondent Nos. 1 to 5.

3. By way of amendment, the Petitioners challenged the corrigendum dated 31st May 2022 issued by the Land Acquisition Officer, Daman, as well as modification to the corrigendum issued on 23rd November 2022 by the Land Acquisition Officer, Daman.

4. Initially the Petition was filed only by Petitioner No. 1 - husband of the owner of the writ property. Subsequently, by way of amendment, the owner of the property was also joined as Petitioner No. 2. The Petition

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