HIRAMAN YASHWANT KATHE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. With the consent of the parties, taken up for final hearing and disposal.

(2.) This Petition, invoking the jurisdiction under Article 226 of the Constitution of India, challenges a decision by the Maharashtra Industrial Development Corporation ("MIDC"), Respondent No.2, communicated on December 8, 2017 and on April 13, 2018 (collectively, "Impugned Order"), refusing to refer the dispute raised by the Petitioners to the jurisdictional civil court under Sec. 34 of the Maharashtra Industrial Development Act, 1961 ("the Act").

(3.) The Petition prays that the Impugned Order be quashed and set aside. The Petition seeks a direction that the objections of the Petitioners be referred to the jurisdictional civil court under Sec. 34 of the Act. Another prayer seeks the appointment of a Court Commissioner to work out correct characterisation of the Petitioners' lands. Finally, a prayer seeks a declaration that the compensation ought to be computed under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 ("2013 Act").