GANESH NIVRUTTI GHADGE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Heard finally with the consent of learned counsel appearing for the parties.

(2.) By invoking writ jurisdiction of this court under Article 226 and 227 of the Constitution of India, petitioner is seeking for directions to pay proper compensation in terms of the provisions of The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (Act of 2013).

(3.) The Petitioner's agricultural land bearing Gut No. 122, 123 and 127 of Village Ale, Taluka Junnar, Dist. Pune was acquired under the provisions of the National Highways Act, 1956 (Act of 1956). The said acquisition was for the purpose of Road widening of the Pune -Nashik National Highway No.50. Preliminary notification under Sec. 3-A of the Act of 1956 was issued on 7/11/2014 whilest declaration of acquisition under Sec. 3-D was dtd. 6/11/2015. The amount of compensation was determined under Sec. 3-G of the Act on 3/4/2016. The determined amount was deposited. The Petitioner's uncle had raised dispute about apportionment of the compensation amount, on which the competent authority has passed conditional order of reference to the Civil Court in terms of Sec. 3H(4) of the Act of 1956.