GANGADHAR KARBHARI JADHAV Vs. UNION OF INDIA

JUDGEMENT

(1.) Rule. Mr. Shimpi waives service for Respondent No.1. Mr. Khandeparkar waives service for Respondent No.2. Dr. Sathe learned senior counsel waives service for Respondent No.3 in WP No. 7115 of 2022. Rule is made returnable forthwith. By consent of the parties, the matter is taken up for final hearing.

(2.) By this Writ Petition filed under Article 226 of the Constitution of India, the Petitioner seeks a Writ of Certiorari for quashing and setting aside the impugned order dtd. 25/3/2022 passed by the Respondent No.2 Competent Authority thereby rejecting the Petitioner's claim for application of Right to Fair Compensation and Transparency in Land Acquisition Act 2013 (for short "Fair Compensation Act") for determination of compensation for acquisition of Right of User of his lands under the provisions of Petroleum and Minerals Pipeline Act, 1962 (for short "PMP Act"). The Petitioner also seeks a Writ of Mandamus against the Respondents to apply the provisions of the Fair Compensation Act for determination of compensation for acquisition of Right of User of his lands under the provisions of the PMP Act and to make good the said amounts in a time bound manner.

(3.) The Petitioner is the owner of five portion of lands situated in Village Wakas, Taluka Karjat, Dist. Raigad bearing: