SAKHARBAI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The issue involved in the present Civil Application is about entitlement of the applicants, who are the original petitioners, to get compensation under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as the 'Act of 2013') by taking the reference date as 1/1/2014 in view of the directions issued by the Central Government vide Notification/ Circular dtd. 26/10/2015.

(2.) Petitioner has filed the present Civil Application in a disposed of Writ Petition No.1228 of 2015. Therefore, it would be necessary to set out brief factual background under which the Civil Application has been filed.

(3.) The land admeasuring 4-Hector, 59-Are from Survey No.148/1 was sought to be acquired for Shirdi Sansthan (respondent no.4) for construction of Dahrmashala. The notification under Sec. 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act of 1894') was published on 27/9/2000. Petitioners' predecessor in title raised an objection to the acquisition under Sec. 5-A of the Act of 1894, which was rejected. Thereafter, declaration under Sec. 6 was published on 21/9/2001. The notification issued under Sec. 4 and declaration under Sec. 6 of the Act of 1894 were assailed in Writ Petition No.390 of 2002. By order dtd. 29/4/2002, the petition was admitted and the parties were directed to maintain status quo until further orders. It is undisputed position that on account of the status quo order passed on 29/4/2002, the acquisition proceedings could not be completed during pendency of the petition. By judgment and order dtd. 25/4/2014, this Court dismissed Writ Petition No.390 of 2002 in so far as the challenge to the notification issued under Sec. 4 and declaration under Sec. 6 of the Act of 1894 was concerned. However, it was clarified that the compensation should be determined as per the provisions of the Act of 2013.