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NITIN W. SAMBRE, ABHAY J. MANTRI
Shivaji Nagar Cooperative Housing Society Limited – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: N.H. Shams.
For the Respondents: H.R. Dhumale, Vandan Gadkari.

JUDGMENT :

NITIN W. SAMBRE, J.

1. RULE. Rule made returnable forthwith and the writ petition is heard with consent of the learned counsel for the parties at length.

2. Petitioner-Shivaji Nagar Cooperative Housing Society Limited (for short ‘the petitioner-Society’) claims to have purchased Field Survey No. 112/6, Patwari Halka No. 17, admeasuring 89 Are of Mouza Chikhli Deosthan, District Nagpur as can be demonstrated from Annexure-1. After notification under Section 4 of the Land Acquisition Act, 1894 (for short, the Act of 1894) issued in relation to acquisition of the said land for public purpose, an award came to be passed by the Land Acquisition Officer on August 25, 1994.

3. The challenge in the petition is to the notification under Section 4 issued on May 04, 1989, declaration under Section 6 and also to the award not being passed within the prescribed period of two years under the provisions of Section 11-A of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short ‘the Act of 2013’). It is further prayed by the petitioner-Society that directions be issued to the respondent no. 3 to remove the boundary wall over

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