SURYAKANT TARACHAND BHATEWARA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. Mrs. Bane, learned AGP for Respondent Nos.1 and 4 waives service of notice. By consent of parties, Rule is made returnable forthwith.

(2.) By this Petition filed under Article 226 of the Constitution of India, the Petitioners have prayed for a declaration that lands belonging to the Petitioners to the extent of 14H 40R are free from any encumbrance, of acquisition and/or reservation under the Scheme of Neera Deodhar Project or otherwise as they are illegally acquired/ retained by the Respondents without following the due process of law and without paying any compensation to the Petitioners ,.

(3.) The Petitioners have also prayed for a Writ of Mandamus against the Respondents to return the possession of the landed property admeasuring 14H 40 R. The Petitioners have prayed for declaration that the award dated 28 th May, 2013 is anti-dated, bad in law and for quashing and setting aside the said award dtd. 28/5/2013. The Petitioners have also prayed a Writ of Mandamus against the Respondents to acquire land admeasuring 39R afresh under The Right to Fair Compensation and Transferancy in Land Acquisition Rehabilitation and Resettlement Act, 2013 (for short "Fair Compensation Act ") within a period of six months from the date of the order.