Tukaram Tatyaba Salgar And ORS v. The State Of Maharashtra Thr Principal Secretary Of Irrigation Dept And ORS

56.WPNo.39172022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3917 OF 2022 Tukaram Tatyaba Salgar & Ors.

...

Petitioners

Versus

The State of Maharashtra & Ors. ...

Respondents Mr. Bhalchandra S. Shinde, Advocate for the Petitioners. Smt. M. S. Bane, AGP for the Respondents/State.

CORAM:

S.V. GANGAPURWALA & M. G. SEWLIKAR, JJ.

DATED :

APRIL 26, 2022 P.C.

1.

The learned Counsel for the petitioners submits that land of the petitioners is acquired by the private negotiation under the sale deed dated 24/01/2021. The petitioners have given application for rental compensation . According to the learned Counsel even if the land is acquired by respondent No.2 by private negotiation, the petitioners would be entitled to the rental compensation.

2.

We have heard the learned AGP. The petitioners may file an application with the Special Land Acquisition Officer (hereinafter referred to as, "SLAO") for grant of rental compensation.

3.

In case the application is filed by the petitioners for grant of rental compensation with the SLAO, the SLAO shall take decision on the said application on its own merits after Gaikwad RD 1/2

56.WPNo.39172022.doc hearing the parties concerned including the petitioners and the acquiring body preferably and if possible within nine months from the date of filing of application by the petitioners.

4.

The writ petition is accordingly disposed of. No costs. (M. G. SEWLIKAR, J.) (S.V. GANGAPURWALA, J.) Digitally signed by RAJU DATTATRAYA GAIKWAD Date:

2022.04.27 20:00:21 +0530 RAJU DATTATRAYA GAIKWAD Gaikwad RD 2/2