Bombay High CourtWP/2990/2021disposed off

Natha Tuka Vhanmane And ANR. v. The State Of Maharashtra Through Its Principal Secretary, Revenue And Forest Department And ORS.

2022-03-24Hon'Ble Shri Justice S.V. Gangapurwala,Hon'Ble Shri Justice Vinay Joshi2 pages

51-wp-2989-2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO.2989 OF 2021 Tukaram V. Bajbalkar ..

Petitioner.

v/s.

The State of Maharashtra & Others ..

Respondents.

WITH WRIT PETITION NO.2990 OF 2021 Natha T. Vhanmane & Another ..

Petitioners.

v/s.

The State of Maharashtra & Others ..

Respondents.

Ms. Madhavi Ayyappan with Krishna Agrawal i/b. Talekar & Associates, for the Petitioner in both the Petitions.

Mr. R. S. Pawar, AGP for the Respondent-State in WP No.2990 of 2021. Shri R. M. Shinde, AGP for the Respondent-State in WP No.2989 of 2021. Digitally signed by SMITA RAJNIKANT JOSHI Date:

2022.03.30 14:45:20 +0530 \ CORAM: S.V. GANGAPURWALA & SMITA RAJNIKANT JOSHI VINAY JOSHI,JJ.

DATED : 24th MARCH, 2022.

P.C:- The Petitioner claims that the possession of the Petitioner' s land is taken prior to the issuance of notification under Section 11 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The award is not yet passed and the rental compensation is not yet paid.

The affidavit is filed by the SLO. The affidavit further states that the process of making award is in progress and so also the amount would be deposited in the Petitioner's bank account by the end of March, 2022.

S.R.JOSHI

51-wp-2989-2021.doc In view of that, the grievance of the Petitioner with regard to prayer clause (a) would stand readdressed.

As far as prayer for rental compensation is concerned, the amount of compensation payable is not yet decided. The rental compensation would be at the rate of 8% depending upon the compensation.

In view of that, after the award is passed, the Petitioner may make an application for rental compensation before the SLO. The SLO naturally shall decide the said application after hearing all the parties and in accordance with law.

Writ Petitions are disposed of. No costs.

(VINAY JOSHI,J.) (S.V.GANGAPURWALA,J.) S.R.JOSHI