LAWS(BOM)-2016-12-125

DAYARAM BHONDU KOCHE Vs. THE STATE OF MAHARASHTRA

Decided On December 21, 2016
Dayaram Bhondu Koche Appellant
V/S
THE STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. Heard finally by consent.

(2.) The present petition has been filed by petitioners praying for quashing and setting aside the Award dt.17.11.2010, under which the compensation as payable to the petitioners came to be determined in accordance with the Land Acquisition Act, 1894 (hereinafter referred to as "the LAC Act").

(3.) The land of the petitioners are acquired for Gosikhurd project. Notification under Section 4 of the LAC Act was declared on 16.2.2008. The Awards u/s. 11 of the LAC Act came to be issued on 17.11.2010. The petitioners have not disputed the factum regarding acquisition of their lands. The only contention raised in the petition is that, in view of the provisions of Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as "the 2013 Act"), the petitioners are entitled for determination of compensation as per the provisions of the 2013 Act.