DEEPAK BOBHALE Vs. ASSISTANT DIVISIONAL ENGINEER

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. Advocate T.J. Pandian waives service for the Respondent Nos. 1 and 2 (Central Railway). Mr. Patel, the learned AGP waives service for Respondent No.3 (State). Heard finally by consent.

(2.) This group of petitions raise the same issue for consideration and therefore are being heard together. It is a common ground before us that all the Petitioners are similarly placed and for the purpose of convenience, the facts of the lead writ petition No. 8071 of 2021 are being referred to.

(3.) By this petition filed under Article 226 of the Constitution of India, the Petitioner is seeking a declaration that the Award passed by the Special Land Acquisition Officer (for short 'SLAO') about the Petitioner's land Gat No. 61/2/A admeasuring 34.4 Guntha situated at Village Kaladhonda, Tal. Uran, Dist. Raigad, under the Land Acquisition Act, 1894 (for short 'the said Act') stands lapsed. The Petitioner has also prayed for a direction to the Respondents to drop all the further proceedings under the said Act in relation to the subject matter land and pass a fresh Award either by an agreement with the Petitioner or by following the due process of law under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short 'the 2013 Act') and pay the requisite compensation. The Petitioner has also prayed for a direction to the Respondents to provide an alternate area of land at some adjoining area.