LAWS(BOM)-2025-3-6

SHRI SAKHARAM GOVINDA KADAM Vs. STATE OF MAHARASHTRA

Decided On March 10, 2025
Shri Sakharam Govinda Kadam Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) The Petitioner Nos.1 to 1(d) are the owners of the property bearing Gat No.683, slab area admeasuring 0 Hectares 40 Are, and the Petitioner Nos. 2 to 2(b) are the owners of the property bearing Gat No. 275, slab area admeasuring 0 Hectares 40 Are, situated at village Sonaichiwadi, Taluka Patan, District Satara (collectively referred to as "the said properties").

(3.) The said properties were acquired vide Award dtd. 25/2/2001 under the provisions of the Land Acquisition Act, 1894 ("1894 Act"). Upon coming into force of the Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 ("2013 Act"), the Petitioners, by instituting this petition, challenged the acquisition invoking Sec. 24(2) of the 2013 Act because neither was any compensation paid to the Petitioners nor was the possession of the said properties taken over from the Petitioners under the Award dtd. 25/2/2001 (Award). This Writ Petition was allowed by a common judgment and order dtd. 2/5/2017, and the land acquisition proceedings were declared lapsed.