LAWS(BOM)-2023-10-7

HATIM FIDAALI RAJKOTWALA Vs. LAND ACQUISITION OFFICER

Decided On October 06, 2023
Hatim Fidaali Rajkotwala Appellant
V/S
LAND ACQUISITION OFFICER Respondents

JUDGEMENT

(1.) Rule. The learned AGP waives service for Respondent No.1 and learned counsel for Respondent No.2 also waives service. Rule made returnable forthwith. Taken up for final disposal by consent of the parties.

(2.) These two Petitions arise out of land acquisition under The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, (for short "the 2013 Act"), between the same parties but in respect of two different properties. The contentions in both the Petitions are the same and therefore, they are being conveniently disposed of by a common Judgment.

(3.) The subject matter property in Writ Petition No. 2965 of 2021 is Rajkotwala Building, standing on land bearing City Survey No. 4337 of Bhuleshwar Division, at 16, Ibrahim Rehmatullah Road, J.J. Hospital, Mumbai-40003 and the subject matter property in Writ Petition No. 2966 of 2021 is Rukaiya Mansion, standing on land bearing City Survey No. 4338 of Bhuleshwar Division at 14, Ibrahim Rehmatullah Road, Bhendi Bazar, Mumbai-400003. The Petitioners are owners of 25% undivided share in the property which is the subject matter of Writ Petition No. 2965 of 2021 (Rajkotwala Building) and full owners of the subject matter property of Writ Petition No. 2966 of 2021 (Rukaiya Mansion.