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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
MANISH PITALE, MANJUSHA DESHPANDE
Bhalchandra Chintaman Deo – Appellant
Versus
Special Land Acquisition Officer, Pune – Respondent
| Table of Content |
|---|
| 1. petition challenges land diversion to private parties. (Para 1 , 2 , 3) |
| 2. acquisition chronology for township development upheld. (Para 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19) |
| 3. entitled to return or 2013 act compensation. (Para 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29) |
| 4. suppression, agreement bar compensation claim. (Para 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38) |
| 5. leases fulfill original township public purpose. (Para 39 , 40 , 41 , 42 , 43 , 44) |
| 6. suppressed prior no-compensation agreement. (Para 45 , 46 , 47 , 48 , 49 , 50 , 51 , 52 , 53 , 54 , 55 , 56 , 57 , 58) |
| 7. unclean hands deny court relief. (Para 59 , 60 , 61 , 62 , 63 , 64) |
| 8. suppression overrides delay in property claim. (Para 65 , 66 , 67 , 68 , 69 , 70 , 71 , 72 , 73 , 74) |
| 9. section 24(2) proviso inapplicable here. (Para 75 , 76 , 77 , 78 , 79 , 80 , 81 , 82 , 83) |
| 10. third-party rights prevent land return. (Para 84 , 85 , 86 , 87) |
| 11. writ petition dismissed without relief. (Para 88 , 89) |
JUDGMENT :
MANISH PITALE, J.
1. By this writ petition, the petitioners initially raised their claim for release of 25.39 acres of land belonging to them and acquired by the S
Suppression of prior agreement waiving compensation for retained land in acquisition bargain constitutes unclean hands, barring writ relief for return or enhanced compensation; long-term leases for t....
Acquisition proceedings that have attained finality, with compensation paid and possession taken, cannot be challenged after a significant delay. Furthermore, the transfer of acquired land between st....
The right to property under Article 300A mandates just compensation for land utilized by authorities, overriding regulations allowing nominal payment, ensuring constitutional protections are upheld.
The duty to compensate upon land acquisition is a constitutional safeguard, ensuring no individual is deprived of property without legal due process and fair compensation, embodied in Article 300A.
The court held that delay does not negate the right to compensation for property unlawfully appropriated by the State, emphasizing the need for due process and just compensation under established law....
The main legal point established in the judgment is that under Section 24(2) of the Fair Compensation Act, the acquisition proceedings would lapse if the possession of the land was not taken and comp....
A subsequent purchaser can challenge land acquisition proceedings if they demonstrate a legal grievance, particularly where compensation has not been paid and possession has not been taken under the ....
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