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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
M.S. Sonak, Jitendra Jain, JJ
Geeta Vijay Deshapnde – Appellant
Versus
The State Of Maharshtra – Respondent
JUDGMENT :
MS Sonak, J.
1. Heard learned counsel for the parties.
2. Rule in each of these Petitions. The rule is made returnable immediately at the request of and with the consent of the learned counsel for the parties.
3. The learned counsel for the parties agree that substantially common issues of law and fact arise in these Petitions. Therefore, these petitions could be disposed of by a common order.
4. Initially, these Petitions were filed to obtain a declaration that the proceedings for the acquisition of the Petitioners’ lands have lapsed, given the provisions of Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (“the said Act”). However, after the decision of the Hon’ble Supreme Court in the case of Indore Development Authority Vs. Manoharlal and others, etc. , [ AIR 2020 SC 1496 ], the Petitions were amended, and the Petitioners have sought a direction in terms of Section 24(2) of the said Act for determination and payment of compensation under the said Act, instead of compensation under the Land Acquisition Act, 1984, under which the acquisition proceedings had commenced. Mr. Pawar, the learned counsel
The court ruled that possession taken negates the lapse of acquisition proceedings, entitling Petitioners to compensation under the Right to Fair Compensation and Transparency in Land Acquisition Act....
The physical possession of the land and tendering of compensation discharge the state's obligation, and the land essential for public purpose cannot be released from acquisition.
The petition under Section 24(2) of the Act of 2013 must meet the gap period of five years, and the physical possession and compensation tender must be valid. The essentiality of the land for public ....
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