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2025 Supreme(Online)(Bom) 1742
BOMBAY HIGH COURT
SHRIKRUSHNA @ KISAN MAROTI GAIKWAD – Appellant
Versus
STATE OF MAH. THR. PSO KHARANA TAH.ARVI DIST.WARDHA – Respondent
APEAL 147 / 2023
ppn 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.3537 OF 2019 ALONG WITH INTERIM APPLICATION NO.838 OF 2020 AND INTERIM APPLICATION (L) NO.30586 OF 2022
ppn 2
1.
Godrej & Boyce Manufacturing Co. Ltd., A Company incorporated under the provisions of the Indian Companies Act, 1913, having its office at Pirojsha Nagar, Vikhroli, Mumbai – 400 079.
...Petitioner
….Versus….
1.
The State of Maharashtra, through the Government Pleader, High Court, Mumbai.
2.
The Union of India, through the Government of India, having its office at Federation of Railway Officer’s Association Office, 256-A, Rail Bhavan, Raisina Road, New Delhi – 110 001.
3.
The Revenue and Forest Department, through the Joint Secretary to the State Government, having its address at Madam Cama Marg, Hutatma Rajguru Chowk, Mantralaya, Mumbai – 400 032.
4.
Deputy Collector (Land Acquisition) No.7, having his address at Pratapgarh Co-op. Hsg. Soc., Vinayak Apartment, Opp. Haffkine Institute, 1st Floor, Parel Village, Mumbai – 400 012.
5.
The Collector, Mumbai Suburban District, having his address at Administrative Building, 10th Floor, Government Colony, Opp. Chetana
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College, Bandra (East), Mumbai – 400 051.
6.
National High Speed Rail Corporation Limited, having its address at Block 1104, Tower 2, India Bulls Finance, Elphinstone, Mumbai – 400 013.
7. Municipal Corporation of Greater Mumbai, having its office address at Head Quarter, Near Chhatrapati Shivaji Terminus, Mumbai 400 001.
…Respondents
Mr.Navroz Seervai, Senior Counsel with Ms.Arti Raghavan and Mr.Shanay Shah i/b M/s.Bachubhai Munim & Co. for the Petitioner.
Mr.Ashutosh Kumbhakoni, Senior Advocate / Special Counsel with Ms.Jyoti Chavan, AGP for the State and Mr.Akshay Shinde, “B” Panel Counsel for the Respondent Nos.1, 3, 4 and 5.
Mr.Anil Singh, Additional Solicitor General with Mr.T.J. Pandian, Mr.Aditya Thakkar, Mr.D.P. Singh, Ms.Savita Ganoo, Mr.Abhishek Bhadang, Ms.Smita Thakur, Mr.Chaitanya Chavan and Mr.Pranav Thackur for the Respondent No.2.
Mr.Anil Singh, Additional Solicitor General with Mr.Aditya Thakkar, Ms.Akshay Puthran, Mr.Sargam Agrawal and Mr.Abhiraj Rao i/b M/s.S.K. Singhi & Co. LLP for the Respondent No.6.
Ms.R.M. Hajare i/b Mr.Sunil Sonawane for the Respondent No.7.
Mr.Jagatsing Girase, Deputy Collector, Land Acquisition, State of Maharashtra present in Court.
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CORAM : R.D. DHANUKA &
M.M. SATHAYE, JJ.
RESERVED ON : 20th December, 2022 PRONOUNCED ON : 9th February, 2023 ppn 3 Judgment :-(per R.D.Dhanuka, J.)
. Rule. Mr.Ashutosh Kumbhakoni, learned Senior Counsel waives service for the respondent nos.1, 3, 4 and 5. Mr.Anil Singh, learned Additional Solicitor General waives service for the respondent nos.2 and 6. Ms.Hajare, learned counsel waives service for the respondent no.7. Rule is made returnable forthwith.
2. By this petition filed under Article 226 of the Constitution of India, the petitioner seeks a declaration that the impugned Amendment viz. Section 3 of the Maharashtra Act No.XXXVII of 2018 is repugnant to and does not prevail over the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short “the said Fair Compensation Act”) and is ultra vires Article 14, 254 (1) and 300A of the Constitution of India and is void ab initio.
3. The petitioner has filed interim application bearing No.838 of 2020 inter alia praying for an order and directions against the respondent to produce the letter dated 27th March, 2020 and the entire material produced before the Hon’ble President of India for his assent under Article 254(2) of the Constitution of India to the Legislative Assembly Bill No.7 of 2018 passed by the Maharashtra Legislative Assembly and Maharashtra Legislative Council.
4. The petitioner has filed interim application bearing lodging No.30586 of 2022 inter alia praying for a
