Vishnu Janaji Bhalerao v. The Competent Authority For Nhai And Special Land Acquistion Officer No. 13 And ANR.

21-cwp-2638-21.doc Digitally signed by DINESH SADANAND SHERLA Date:

2021.09.20 15:45:03 +0500 DINESH SADANAND SHERLA

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2638 OF 2021 Vishnu J. Bhalerao ... Petitioner.

V/s.

The Competent Authority for NHAI and Special Land Acquisition Ofcer No.13, Pune and anr.

... Respondents.

---------------- Dr. Ramdas P. Sabban for the Petitioner.

Mr. S.B. Kalel, AGP for the Respondent - State. Mr. Rakesh L. Singh a/w. Ms Lakshmi Bussa i/b M.V. Kini and Co. for Respondent No.2.

----------------

CORAM

:

PRASANNA B. VARALE & N.R. BORKAR, JJ.

DATE :

16.09.2021.

P.C.

1] Heard the learned counsel for the respective parties. 2] The petitioner is the resident of village Kalamb, Tal.Ambegaon, District Pune. The properties of the petitioner including certain house properties and sheds were acquired. The details are placed on record at page 99 under the caption Schedule No.VI.

3] The learned counsel for the petitioner submitted that as the properties of the petitioner were acquired, the petitioner is entitled to get all the resettlement benefts as displaced person in terms of section 31 of the Right to Fair Compensations and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The learned counsel then invited our attention to the Notice-cumDinesh Sherla 1/2

21-cwp-2638-21.doc representation to the authorities in respect of their grievance, placed on record as Exhibit-B at page 125 to the petition. 4] The learned counsel submits that though the Noticecum-representation was submitted to the competent authority on 29.10.2020, till date no decision is taken on the said representation by the competent authority. Hence, the learned counsel prayed for issuing necessary directions to the competent authority to decide the Notice-cum-representation expeditiously.

5] Considering the limited prayer as prayed above, we deem it appropriate to direct the respondent No.1 - Competent Authority to decide the representation/application, which is in the form of Notice-cum-representation dated 29.10.2020, as expeditiously as possible and not later than four months from the date of receipt of copy of this order. 6] The petitioner has referred in the representation to the manual of guidelines on Land Acquisition of National Highway published by Government of India in December 2018. According to the learned counsel for the petitioner, the benefts need to be paid in accordance with the said guidelines. We do not wish to examine this aspect at this stage and the petitioner is at liberty to raise the said contention before the competent authority.

7] With aforesaid directions, Writ Petition is disposed of. (N.R. BORKAR, J.) (PRASANNA B. VARALE, J.) Dinesh Sherla 2/2