PARSOTTAM LALLJI KAMALIA AND ORS v. THE COLLECTOR DIU
WP/9322/2023 · 2026-06-17
Shri Manish Pitale, Shri Shreeram Vinayak Shirsat
body2023
DailyLaw.ai
[ 2023 DAILYLAW 2592 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2023 DAILYLAW 2592 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
bipin prithiani 1 18-wp-9322.23.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9322 OF 2023 Parsottam Lallji Kamalia & Ors. … Petitioners Versus Collector, Diu … Respondent ****** Mr. Kailas Dewal i/by Mr. Aumkar Joshi, Mr. Yash Dewal and Mr. Ashwin Kulkarni for the Petitioners. Dr. Sanjay Jain a/w Mr. Harsh Dedhia for Respondent. ****** CORAM : MANISH PITALE AND SHREERAM V. SHIRSAT, JJ. DATE : 17th JUNE 2026 P.C. : . The petitioners in this petition had challenged the acquisition of land for widening of a National Highway. 2. The learned counsel for the petitioners has tendered an additional affidavit of petitioner No.1, along with an exhibit annexed thereto, which is a letter dated 2nd June 2026 signed by some of the petitioners, making an offer to the respondent- Collector, as to the manner in which the writ petition itself could be disposed of. We are informed that the remaining petitioners have already settled the disputes with the authorities. 3. The learned counsel for the petitioners submits that the said offer made in the letter dated 2nd June 2026 has been accepted by BIPIN DHARMENDER PRITHIANI Digitally signed by BIPIN DHARMENDER PRITHIANI Date: 2026.06.18 10:03:00 +0530
bipin prithiani 2 18-wp-9322.23.doc the Collector, which can lead to disposal of the writ petition. 4. The learned counsel appearing for the respondent-Collector has tendered an additional affidavit of the said respondent, confirming the fact that the conditions mentioned in the letter dated 2nd June 2026 are acceptable to the Union Territory of Dadra and Nagar Haveli and Daman and Diu and that therefore, the petition can be disposed in terms of the said letter. 5. The additional affidavit tendered on behalf of the petitioner No.1, along with copy of the letter dated 2nd June 2026, as also the additional affidavit of the respondent-Collector, are taken on record. 6. In the light of the submissions made on behalf of the parties, the writ petition is disposed of, as per the conditions stated in the letter dated 2nd June 2026 and accepted by the respondent- Collector. Parties to act accordingly. 7.
It is stated in the additional affidavit filed on behalf of the respondent-Collector that the issue regarding challenge to the land acquisition award under Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2023 (Act of 2013), can be kept open. 8. The learned counsel for the petitioners submits that this Court may consider making an observation regarding pendency of this writ petition, so that when an application is moved on behalf
bipin prithiani 3 18-wp-9322.23.doc of the petitioners under Section 64 of the Act of 2013, the pendency of this petition may be taken into consideration by the Competent Authority. 9. The writ petition is disposed of in above terms. 10. If the petitioners choose to seek the remedy available under Section 64 of the Act of 2013, the pendency of this writ petition shall be taken into consideration. (SHREERAM V. SHIRSAT, J.) (MANISH PITALE, J.)