NITIN BHARAT SAWALE vs STATE OF MAHARASHTRA THRU PRIN. SECRETARY DEPT. OF REVENUE AND ORS

Judgment text excerpt

NITIN SAVALE JUDGMENT DRAFT 19.02.2025-7-00 P.M.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4475 OF 2023 Nitin Bharat Savale Datta Nagar, Taluka Indapur, District – Pune … Petitioner Versus 1. State of Maharashtra, Through its Principal Secretary, Department of Revenue. 2. The District Collector, Solapur. 3. Smt. Manisha Avahale, Special Land Acquisition Officer No. 2-cum- Additional Collector, Solapur. 4. Union of India, Through its Divisional Manager, Central Railway, Solapur. … Respondents Mr. Sujeet Bugade, for the Petitioners. Mr. Prashant P. More, Addl. GP for the Respondents - State. _______________________ CORAM: G. S. KULKARNI & ADVAIT M. SETHNA, JJ. JUDGMENT RESERVED ON : 22 NOVEMBER 2024 JUDGMENT PRONOUNCED ON : 27 FEBRUARY 2025 _______________________ Mayur Adane, PA Page 1 of 21 NITIN SAVALE JUDGMENT DRAFT 19.02.2025-7-00 P.M.DOC JUDGMENT (Per Advait M. Sethna, J.) : 1. Rule, made returnable forthwith. The respondents waive service. By consent of the parties, heard finally. 2. This petition is filed under Article 226 of the Constitution of India for the following substantive prayers / reliefs, which read thus:- “(b) That this Hon’ble Court be pleased to issue appropriate writ, order, direction in terms of Writ of Mandamus or any other appropriate writ, order, direction to hold and declare that, the impugned provision i.e., section 28-A of the Land Acquisition Act procedurally improper, arbitrary, illegal and against the public welfare policy. (c) That this Hon’ble Court be pleased to issue appropriate writ, order direction in terms of Writ of Mandamus or any other appropriate writ, order, direction to quash and set aside the impugned order of rejecting the application (Exhibit-A) by condoning the delay of 44