MANEKBEN RAMA TANDEL vs THE COLLECTOR DAMAN AND ORS

Judgment text excerpt

WP-890-2025 (J) Final.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY Digitally signed by HUSENBASHA CIVIL APPELLATE JURISDICTION HUSENBASHA RAHAMAN RAHAMAN NADAF NADAF Date: 2025.04.02 13:43:55 +0530 WRIT PETITION NO. 890 OF 2025 Manekben Rama Tandel …Petitioner Versus The Collector Daman and Ors. …Respondents *** Mr. Manoj Badgujar, Advocate for Petitioner. Mr. Hiten S. Venegavkar a/w. Mr. Harsh Dedhia, Advocates for Respondent Nos. 1 to 4 – U.T. *** CORAM: A.S. CHANDURKAR & M.M. SATHAYE, JJ. DATE : 1st APRIL, 2025 JUDGMENT (Per M.M. Sathaye, J.) 1. Rule. Learned counsel for the Respondents waive service. Rule made returnable forthwith. Heard finally by consent. 2. By this petition under Article 226 of the Constitution of India, the Petitioner is seeking to quash and set aside the Award dated 05.03.2025 passed in respect of Petitioner’s land under Section 23 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (‘the said Act’, for short). The Petitioner is also challenging the preceding declaration dated 29.11.2024 and notice dated 05.12.2024 issued under the said Act. The acquisition is for the purpose of constructing Government College of Nursing, Nursing Hostel and Staff Quarters at Daman. Husen 1/13 WP-890-2025 (J) Final.doc 3. The case of the Petitioner is as under. 3.1. The Petitioner is owner of the subject matter land which is survey Nos.8, 10/1, 11/2, 11/3 and 11/4 situated at Village Kathiria, Daman, which is a Union Territory (‘the subject-property’ or ‘the subject- land’ for short). The subject land was part of sea facing land wherein the Petitioner was running a resort with all the requisite permissions. The said resort got affected by the proposed coastal road and therefore eviction order was iss