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R. D. DHANUKA, M. M. SATHAYE
Dilip Babubhai Shah – Appellant
Versus
Additional Resident Deputy Collector – Respondent
JUDGMENT
R.D. Dhanuka, J. - By this Petition filed under Article 226 of the Constitution of India, the Petitioners have prayed for a writ of certiorari for quashing and setting aside the proceedings under Section 23-A of the The Right to Fair Compensation in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short the said 'Fair Compensation Act, 2013') and in particular the Consent Agreements dated 9th March, 2022 executed by the Respondent Nos.4 to 27.
2. The Petitioners also seek a writ of mandamus against the Respondent Nos.4 to 29 to return the amount received by them from the Respondent No.1 and deposit to the credit of the Special Civil Suit No.41 of 2010 pending before the Court of Civil Judge, Senior Judge, Palghar, subject to adjudication and final outcome of the aforesaid Special Civil Suit.
3. The Petitioners have also prayed for a writ of mandamus against the Respondent Nos.1 and 2 to recover the amount received from the Respondent Nos.4 to 29 as arrears of land revenue by initiating appropriate proceedings in accordance with law and to credit the same to Special Civil Suit No.41 of 2010, in the event of the Respondent Nos.4 to 32 fail and neglect to credit
Petitioners are not entitled to claim compensation for structures on enhanced rate, on the basis of Standard Schedule Rates of 2005-06.
Physical possession of land captured after the commencement of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, mandates that compensati....
when there is a dispute between rival claimants, though not they appeared before the Acquisition Officer, still, they can claim compensation awarded under the Award.
The main legal point established in the judgment is the application of the consent award, the jurisdiction of the High Court under Article 226 of the Constitution, and the doctrine of promissory esto....
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