KAMGAR MAHAR NANDURAND ORS. Vs. STATE OF MAHARASHTRA & ORS.
HIGH COURT OF BOMBAY
Kamgar Mahar Nandurand Ors.
State of Maharashtra And Ors.
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(1.) Heard. By consent of the parties, the matter is taken up for final hearing at the stage of admission.
(2.) By this petition under Article 226 of the Constitution of India, the Petitioners challenge the letters dated 20.02.2017 and 22.05.2017 issued by the Special Land Acquisition Officer No.1, Solapur deducting 10% amount towards royalty (Najrana) from the compensation payable to the Petitioner under section 28A of the Land Acquisition Act, 1894 (said Act).
(3.) The learned counsel for the Petitioner submits that they made Application under section 28A of the said Act for redetermination of the amount of compensation in respect of the acquired land on the basis of the judgment in respect of the land from the same Notification under section 4 of the said Act. He submits that the said Application under section 28A of the said Act was decided by the Special Land Acquisition Officer on 12.11.2012 and held that the Petitioners are entitled to the compensation of Rs. 72,56,324/in respect of the acquired land. Thereafter the Special Land Acquisition Officer has disbursed the said amount on 03.09.2015 however, withheld/deducted a sum of Rs. 7,25,632/against 10% royalty payable to the Government.;
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