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2024 Supreme(Bom) 31

B. P. COLABAWALLA, SOMASEKHAR SUNDARESAN
Rajeev Kumar Damodarprasad Bhadani – Appellant
Versus
Executive Engineer, Maharashtra State Electricity Distribution Company Limited (MSEDCL) (earlier ‘MSEB’) – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Vishwajit Sawant, Senior Advocate a/w. Mr. Vipul Makwana i/b Mr.Yatin R. Shah
For the Respondent: Ms. Deepa Chawan a/w. Ms. Ruchi Patil and Ms. Amita Kamble i/b Ms.Kshitija Wadatkar Associates, Mr. Sandesh Patil i/b Mr. Chintan Shah, Mr. A.I.Patel, Addl. GP a/w. Mr. R.S. Pawar, AGP, Mr. Sunil Mane, Executive Engineer, Mahavitaran is present

JUDGMENT :

Somasekhar Sundaresan, J.

1. The challenge in this Writ Petition is to the acquisition of land admeasuring 6685 sq.mtrs bearing Survey No.432(P), situate at Village Panchpakhadi, Tal. Thane, District Thane (“the Subject Land”) by the Maharashtra State Electricity Board (“MSEB”), without complying with due process of law as stipulated under the Land Acquisition Act, 1894 (“the Land Acquisition Act”). A 22/11 KV electricity sub-station and staff quarters (for convenience, collectively referred to as the “Sub-Station”) of the Maharashtra State Electricity Distribution Company Limited (“MSEDCL”), the successor in interest of the MSEB, stand on the Subject Land. The Petitioners allege usurpation of land by reason of compensation not having been paid, and seek application of due process for award of compensation in accordance with law.

2. Petitioner No. 1 to Petitioner No. 4 are siblings and offspring of one Late Shri Damodarprasad Bhadani. Petitioner No. 5 is the widow of the Late Shri Damodarprasad Bhadani. MSEDCL is Respondent No. 1. After the unbundling of multiple roles of the state electricity boards pursuant to the Electricity Act, 2003, the MSEB was disbanded, with the el

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