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TITLE : Sardar v The state of Maharashtra

CORAM : Hon’ble Justice Ravindra v Ghuge

DATE :  15^th  January 2024

CITATION : WP No. 14842 Of 2023

FACTS

The petition was filed under Article 226 and 227 of the constitution of India. The petitioner’s case was that his land was acquired by the government for public project under Section 4 of the Land acquisition Act,1894. A compensation of Rs. 1,26,110 was granted and it did not consider the value of 40 teak trees, 25 mango trees, 35 berry trees and 2 gooseberry trees and a well attached to the land. The petitioner has asked for an enhancement of compensation. It was contended that the petitioner had not used alternative remedies under Section18 of the Act. The petitioners father has received the compensation of Rs. 1,45, 566 without any protest.

LAWS INVOLVED

As per Section 18 of the Act, any person who has not accepted the compensation to make an application to the collector within a period of 6 weeks from the date of the award, if the interested person represented before the collector was present of in any other cases, within 6 months of the award.

ISSUES

Whether the petitioner entitled to additional compensation?

JUDGEMENT

The court held that the petitioner’s father has already received the compensation without any protest. The court found that no reference was made under Section 18 of the Act. The court in furtherance held that the petitioner has approached this court after 18 years withtout availaing alternative remedy available in law.

The writ was found to be without any merits and was subsequently dismissed.

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Written by- Sanjana Ravichandran

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