SHEETALKUMAR SADASHIV ZAMBARE Vs. STATE OF MAHARASHTRA, THROUGH SECRETARY, REVENUE DEPARTMENT, MANTRALAYA, MUMBAI

JUDGEMENT

(1.) Heard Mr.Bandiwadekar, learned counsel for petitioner and Mr.Gokhale, learned 'B' panel counsel for respondents. The petition was initially filed challenging declaration under Section 6 of Land Acquisition Act, 1894 ('Old Land Acquisition Act'). Since during pendency of the petition the award is passed under Section 11 of the Old Land Acquisition Act, by amending the petition, the petitioner has challenged the award dated 15th July 2016.

(2.) Following are the admitted facts :

(3.) There is no dispute between the parties that The Right to Fair Compensation and Transparency in Land Acquisition, Rahabilitation and Resettlement Act, 2013 ('New Land Acquisition Act') came into effect on 1st January 2014. The short question raised in this petition is whether after coming into force of the New Land Acquisition Act, the Government could have proceeded to acquire petitioner's lands under the Old Land Acquisition Act ?