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WRIT PETITION NO. 890 OF 2025

High Court: Bombay High Court Bench: BOMBAY
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2026-10-23 11:57:45
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Issue of Consideration

WRIT PETITION NO. 890 OF 2025

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Case Details

2025 LawText (BOM) (04) 106

Writ Petition No. 890 of 2025

2025-04-01

A.S. Chandurkar, M.M. Sathaye

2025:BHC-AS:15077-DB

Mr. Manoj Badgujar for Petitioner; Mr. Hiten S. Venegavkar and Mr. Harsh Dedhia for Respondent Nos. 1 to 4

Manekben Rama Tandel

The Collector Daman and Ors.

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Nature of Litigation

Writ petition under Article 226 challenging land acquisition proceedings

Remedy Sought

Quashing and setting aside the Award dated 05.03.2025, declaration dated 29.11.2024, and notice dated 05.12.2024 under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013

Filing Reason

Petitioner's land being acquired for construction of Government College of Nursing, Nursing Hostel and Staff Quarters at Daman; petitioner's resort on the land facing eviction due to proposed coastal road

Judgment Excerpts

Rule. Learned counsel for the Respondents waive service. Rule made returnable forthwith. Heard finally by consent. 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 Petitioner is also challenging the preceding declaration dated 29.11.2024 and notice dated 05.12.2024 issued under the said Act. 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 land was part of sea facing land wherein the Petitioner was running a resort with all the requisite permissions.

Procedural History

Writ petition filed challenging land acquisition proceedings; respondents waive service; rule made returnable forthwith; heard finally by consent.

Acts & Sections

  • Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013: Section 23
  • Constitution of India: Article 226
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