Gaurabai Shivanna Mali v. The State Of Maharashtra Thr Its Secretary Irrgation Dept. And ORS

3-WP 4368-2022 CIV.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4368 OF 2022 Gaurabai Shivanna Mali ..Petitioner V/s.

The State of Maharashtra & Ors.

..Respondents ----  Mr. Abhijeet J.Kandarkar for the Petitioner.

 Mr. Sachin Gite for the Respondent No.3 to 5.  Mrs.M.S.Bane AGP for Respondent No.1 and 2.

 Mr.Sachin Pawar- Executive Enginer is present in Court. ---- CORAM : R.D.DHANUKA, AND M.M.SATHAYE, JJ.

DATE : 22nd FEBRUARY 2023 P.C.

.

Rule. Rule is made returnable forthwith. Learned AGP waives service for Respondent No.1 and 2. Mr.Gite waives service for Respondent Nos. 3 to 5.

2.

This matter was on board on 23/01/2022, when the learned counsel for Respondent No.3 to 5 has made a proposal for payment of Rs.9,00,060/- as and by way of compensation approximately subject to the approval of the District Level Committee to the Petitioner. Learned counsel for the Petitioner has communicated the counter proposal on behalf of his client on instructions to the learned counsel for the Respondent No.3 Jyoti Mane page 1

3-WP 4368-2022 CIV.doc to 5. There appears to be no consensus on the amount demanded by the Petitioner. At this stage the learned counsel for the Respondent No.3 on instructions states that since there is no consensus on the amount by private negotiation, his client would adopt the procedure prescribed under the Right to Fair Compensation and Transparency In Land Acquisition Rehabilitation & Resettlement Act, 2013. Statement is accepted.

3.

We accordingly, pass the following order :

a) Writ Petition is made absolute, in terms of prayer clause (b).

b) Respondent Nos.2 to 5 to commence and complete the procedure expeditiously.

M.M.SATHAYE, J.

R.D.DHANUKA, J.

Jyoti Mane page 2