MRS.BHAGYASHRI RAJESH KULKARNI Vs. UNION OF INDIA

JUDGEMENT

(1.) Rule.

(2.) Rule made returnable forthwith.

(3.) By this Petition, the Petitioner has challenged the award dated 17/10/2016 passed by the Respondent No.3, Sub-Divisional Officer, Ichalkaranji, Taluka Hatkanangale, District Kolhapur and also the notice given u/s 31(1) of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as 'the 2013 Act '). The Petitioner was concerned with the land bearing Gat No.483 (part) admeasuring 0.66.00 HR situated at village Shivnakwadi, Taluka Shirol, District Kolhapur (hereinafter referred to as 'the said property '). The notification u/s Z4 of the Land Acquisition Act, 1894 (hereafter referred to as 'the 1894 Act) was issued on 18/12/2012 in respect of the said land. Before the declaration u/s 6 of the 1894 Act was issued, the 2013 Act was brought into force from 01/01/2014. After that, the declaration u/s 6 of the 1894 Act was issued on 13/02/2014. The award came to be passed on 17/10/2016. The award mentioned that it was passed u/s 11 of the 1894 Act and u/s 26, 27 and 30 of the 2013 Act. Pursuant to that award the notice u/s 31(1) of 2013 Act and u/s 12 of 1894 Act was issued in the name of the Petitioner on 22/05/2017 in respect of the said property. The amount payable to the Petitioner under that award was Rs.1,99,14,561/-. The Petitioner has stated in the Petition that she had received that amount without prejudice to her right to challenge the award. As mentioned earlier, the Petitioner has challenged the said award and notice by way of the present Petition.