Writ Petition No. 6425 of 2011 · Bombay High Court
Case at a glance
Outcome
Withdrawn
are disposed of as withdrawn
Provisions considered
- Railways Act, 1989 s. 20(1)
Key paragraphs
- Para 22. These Writ Petitions are directed against the Notification dated 30.3.2009 issued by the Government of India for acquisition of the subject land. At the outset, the learned counsel for the respondent no.5 (contesting respondent) has made a categorical statement that the said Notification has…
- Para 33. In the circumstances, the Writ Petitions are disposed of as withdrawn. (D.D. SINHA, J.) (SMT.V.K.TAHILRAMANI,J.)
Judgment
Mr.Y.S.Jahagirdar, Sr. Advocate, with Mr.Kettan Parekh and Ms Kunjal Sanghavi i/b. K.R.Parekh & Co., for petitioner in W.P.No.6425/2011. Mr.Anil Chauhan i/b. M/s.N.N.Vaishnawa & Co., for petitioners in W.P.No.1192/2010. Mr.P.S.Dani for petitioners in W.P.Nos. 2770/2010, 3185/2010 & 9464/2009. Ms M.P.Thakur, A.G.P. for resp.nos.3 & 4. Ms Nilam Jadhav i/b. Mr.Suresh Kumar for resp.nos.1 & 2 in W.P.No.9464/2009. Ms U.K.Srivastava i/b. M/s.Consulta Juris for respondent no.5. CORAM : D.D. SINHA AND SMT.V.K.TAHILRAMANI,JJ. DATE : SEPTEMBER 22, 2011. P.C.: Heard the learned counsel for the petitioners and the learned counsel appearing for the respective respondents. 2 wp6425.11
These Writ Petitions are directed against the Notification dated 30.3.2009 issued by the Government of India for acquisition of the subject land. At the outset, the learned counsel for the respondent no.5 (contesting respondent) has made a categorical statement that the said Notification has not been published as per section 20(1) of the Railways Act, 1989 and, therefore, by virtue of section 20-E(3), where a Notification has been published under sub-section (1) of section 20- A for acquisition of land, but no declaration under sub-section (1) of this section (20) has been published within a period of one year from the date of publication of that Notification, the said Notification shall cease to have any effect. The learned counsel for the respodnent no.5 has submitted that in view of the above referred legal position and on the back-drop of the above referred facts, the 3 wp6425.11 Notificaiton dated 30.3.2009 has already been lapsed. The learned counsel for the petitioners on the basis of the above referred categorical statement made by the learned counsel for the respondent no.5 seek permission to withdraw the present Writ Petition since the cause of action in view of lapsing of Notification no more survives.
Operative part
In the circumstances, the Writ Petitions are disposed of as withdrawn. (D.D. SINHA, J.)
(SMT.V.K.TAHILRAMANI,J.)
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: are disposed of as withdrawn
Which statutory provisions did this judgment involve?
Railways Act, 1989 — s. 20(1).
Which court decided this case, and when?
Bombay High Court, on 22 Sep 2011. The bench was SINHA, V K TAHILRAMANI, D D SINHA.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.