FAIZAL ISMAIL SUTAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Mr.Gokhale, 'B ' Panel Counsel waives service for the Respondent Nos.1 to 3 in both the matters. Rule is made returnable forthwith.

(2.) By the Writ Petition No.15511 of 2022 filed under Article 226 of the Constitution of India, the Petitioner has prayed for a Writ of Mandamus against the Respondent No.1 to pay enhanced compensation for acquisition contemplated under Ss. 26 to 30 of the Land Acquisition Act, 1894 read with Sec. 24(1) (2) of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short "the said Fair Compensation Act "). The Petitioner also prays for a Writ of Mandamus against the Respondent No.1 to refer to an appropriate authority for compliance and payment of enhanced compensation under Ss. 26 to 30 of the Land Acquisition Act, 1894 and to take appropriate steps for deciding the entitlement and apportionment thereof.

(3.) By the Writ Petition No.2570 of 2022 filed under Article 226 of the Constitution of India, the Petitioner has prayed for a Writ of Mandamus against the Respondent No.1 to refer the matter of apportionment to the Civil Court as per provisions contained in Sec. 30 of the Land Acquisition Act, 1894 read with Sec. 24(1)(2) of the Fair Compensation Act calling upon the Respondents to apportion the amount as deposited in the Civil Court with interest to the Petitioner in terms of Ss. 24,26, 27, 28 and 30 of the Fair Compensation Act.