Alka Rahul Aatavne And ANR v. The Deputy Collector Land Acquisition And ORS

4-wp-902-20222

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.902 OF 2022 Alka Rahul Aatavane & Anr.

...Petitioners

Versus

The Deputy Collector Land Acquisition & Ors.

...Respondents

---- Mr.Sachin S. Pune for the Petitioners.

Mrs.M.P. Thakur, AGP for the Respondent-State. Mr.A.M. Kulkarni a/w Ms.Akansha Helaske for the RespondentCIDCO. ---- CORAM : S.V. GANGAPURWALA & by NILAM SANTOSH KAMBLE Date:

2022.05.06 17:16:14 +0530 NILAM SANTOSH KAMBLE M.G. SEWLIKAR, JJ.

DATE : 6 MAY 2022 P.C:- .

The Application filed by the Petitioners under Section 28A of the Land Acquisition Act is allowed. 2.

The learned counsel submits that though the same is allowed in the year 2019, the amount of compensation has not yet paid.

3.

We have heard the learned counsel for the Petitioners and the learned AGP.

N.S. Kamble page 1 of 2

4-wp-902-20222 4.

The learned counsel for the CIDCO submits that the CIDCO has a scheme pursuant to which the payment has to be made. The priority claims as per said scheme are to be discharged first.

5.

It is almost 2 and 1⁄2 years the award is passed in favour of the Petitioners under Section 28A of the Land Acquisition Act. The persons whose only source of livelihood is acquired. It is high time the amount of compensation is paid by the authority.

6.

In light of that, we pass the following order.

ORDER

(i) The Respondents shall make payment to the Petitioners on the legitimate amount made by the Petitioners of the 28A of the Land Acquisition Act expeditiously, preferably within six months and consequential benefits as may be permissible. (ii) Writ Petition is disposed of. No costs.

(M.G. SEWLIKAR, J.) (S.V. GANGAPURWALA, J.) N.S. Kamble page 2 of 2