Balasaheb Pundlik Vidhate v. The Collector, Nashik And ORS.

903.5751.17-wp.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5751/2017 WITH CIVIL APPLICATION NO.1648/2018 Balasaheb Pundlik Vidhate ... Petitioner V/s.

The Collector, Nashik & Ors.

... Respondents Mr. R. D. Soni i/b. Ram & Co. for the Petitioner Mr. Murlidhar L. Patil for Respondent No.4.

Mrs. Pushpalata N. Diwan, AGP for the Respondent State. Mr. S. S. Patwardhan i/b. P. G. Chavan for the Applicant

CORAM:

K.K. TATED & B. P. COLABAWALLA, JJ.

DATED :

AUGUST 2, 2018 P.C. :

Heard. By this petition under Article 226 of the Constitution of India the Petitioner seeks direction against Respondent No.3 Special Land Acquisition Officer No.2, Nasik to forthwith complete the acquisition proceedings and pass an Award in respect of the land bearing Sy.No.809/2 (part) admeasuring 14781.32 sq.mtr. situated at Wadala Road, Nasik.

In the present proceedings, one Mr. Dnyaneshwar Kondibhau Basavraj Gurappa Patil Khilari, Dy. Commissioner (Resettlement), Nasik has filed Affidavit-inReply dated 01.08.2018 stating that the draft Award prepared by the by Basavraj Gurappa Patil Date: 2018.08.06 12:01:18 +0530 Basavraj G. Patil 1/2

903.5751.17-wp.doc Special Land Acquisition Officer is pending in his office. He has further stated that he will complete the procedure for approval of the said draft Award within three months. To that effect he has made statement in paragraph 4 which reads thus:

"(4) I say and submit that the office of this Respondent requires 3 months time to scrutinize the proposal and sanction the same subject to compliance of the objections and queries raised by the office of this Respondent by its letter dated 27.03.2018." In view of the Affidavit-in-Reply filed by the Dy. Commissioner, the Writ Petition stands disposed of with following directions: a.

The Dy. Commissioner (Resettlement), Nasik to scrutinize the draft award and sanction the same as early as possible but in any case within three months from the receipt of copy of this order.

b.

Thereafter the Special Land Acquisition Officer is directed to pass the Award according to law, as early as possible. c.

The Writ Petition stands disposed of with these directions. d.

In view of the above, nothing survives in the pending Civil Application. Same stands dismissed as infructuous. (B. P. COLABAWALLA, J.) (K.K. TATED, J.) Basavraj G. Patil 2/2