Bombay High Court

BHIMRAO MACCHINDRA KOLEKAR AND ANRversusTHE ADDITIONAL COMMISSIONER , PUNE AND ORS

Disposal: ABATED

Holding

The petition stands abated because the petitioners did not bring on record the legal heirs of Petitioner No.1 as required under Section 24.

Summary

The petitioners filed a writ petition under Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, seeking relief in a land‑acquisition matter. The High Court observed that the petitioners had failed to bring on record the legal heirs of the first petitioner, a procedural requirement under the Act. Because this essential step was not taken, the Court could not proceed with the petition. Consequently, the Court held that the petition could not be entertained further. The petition was therefore abated, effectively dismissing the relief sought. No substantive merits of the case were examined.

Issues considered

What is the procedural requirement under Section 24 of the RFCTLARR Act, 2013 regarding the inclusion of legal heirs of a petitioner?

Legislation cited

Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 — s. 24

Subjects

Land acquisition
Section 24
Legal heirs
Procedural requirement
Petition abated

Judgment

                                                                  9.WP.5364.2017.odt



                  IN THE JUDICATURE OF HIGH COURT AT BOMBAY
                           CIRCUIT BENCH AT KOLHAPUR
                          CIVIL APPELLATE JURISDICTION

                         WRIT PETITION NO. 5364 OF 2017

Bhimrao Macchindra Kolekar and Another                      ...Petitioners

          Versus

The Additional Commissioner, Pune and Others      ...Respondents
                                ***
 None for the Petitioners.
 Mr. Ravi P. Kadam, B Panel Counsel a/w Mr. A. P. Vanarase, AGP for
  Respondent Nos.1 to 5.
                                ***
                              CORAM : RAJESH S. PATIL AND
                                        ABHAY J. MANTRI, JJ.
                                       DATE     : 17 AUGUST, 2026.
P. C. :

1.                 This petition has been filed under the provisions of Section

24 of the Right to Fair Compensation and Transparency in Land

Acquisition, Rehabilitation and Resettlement Act, 2013.


2.                 The office remark shows that the petitioners have not taken

any steps to bring on record the legal heirs of Petitioner No.1.


3.                 In view of the above, the petition stands abated.




          (ABHAY J. MANTRI, J.)                       (RAJESH S. PATIL, J.)



Shrikant Malani                                                          Page 1 of 1

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