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2023 Supreme(Online)(Bom) 25229

HIGH COURT OF BOMBAY
R.D. DHANUKA, M.M. SATHAYE, JJ
GODREJ AND BOYCE MANUFACTURING CO. LTD. – Appellant
Versus
THE STATE OF MAHARASHTRA AND 6 ORS – Respondent


Advocates:
Mr.Navroz Seervai, Ms.Arti Raghavan, Mr.Shanay Shah
Mr.Ashutosh Kumbhakoni, Ms.Jyoti Chavan, Mr.Akshay Shinde, Mr.Anil Singh, Mr.T.J. Pandian, Mr.Aditya Thakkar, Mr.D.P. Singh, Ms.Savita Ganoo, Mr.Abhishek Bhadang, Ms.Smita Thakur, Mr.Chaitanya Chavan, Mr.Pranav Thackur, Ms.R.M. Hajare, Mr.Sunil Sonawane, Mr.Jagatsing Girase

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 Assem

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