JAGAN DAMU KAMBARI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The above Writ Petition is filed seeking the following reliefs:

(2.) As far as prayer clause "A" is concerned, Mr. Potnis, on 6/7/2023 itself, stated that he is not challenging the constitutional validity of Sec. 10(b) of the Indian Telegraph Act, 1885. This is recorded in our order dtd. 6/7/2023. In these circumstances, as far as prayer clause "A" is concerned, now nothing survives.

(3.) As far as prayer clause "C" and "D" are concerned, they challenge and/or seek modification of the Government Resolution dtd. 1/12/2022. The major ground on which the said Government Resolution (i) is challenged, or (ii) is sought to be modified, is that if the Petitioners accept the said Government Resolution and which provides for a Sub Divisional Level Evaluation Committee (for short the "Evaluation Committee") to decide the compensation payable to the Petitioners, they would lose their statutory right to seek enhanced compensation as contemplated under Sec. 16(3) of the Indian Telegraph Act, 1885.