Shitalkumar Sadashiv Zambare And ORS v. The State Of Maharashtra And ORS

1/2 39-WP-2596-2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2596 OF 2021 Shitalkumar Sadashiv Zambare and Ors.

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Petitioners

Versus

The State of Maharashtra and Ors.

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Respondents Mr. Siddharth Chapalgaonkar, for the Petitioner. Ms. R. M. Shinde, AGP, for the State.

CORAM : PRASANNA B. VARALE & V. G. BISHT, JJ.

DATED : 20TH OCTOBER, 2021.

P.C.:

At the outset, learned Counsel for the Petitioner orally prayed for amendment in the Petition. Learned Counsel for the Petitioner submitted that at Serial No.- The District Collector, Kolhapur an appropriate status of the Competent Authority is not referred to in the title clause. The learned Counsel for the Petitioner thus prayed to amend the Petition by incorporating the words, "Land Acquisition Department" to the title clause in the status of Respondent No.2-The District Collector, Kolhapur. The oral prayer is allowed. Amendment be carried out forthwith. Heard learned Counsel for the Petitioners and learned AGP for the Rekha Patil 1/2

2/2 39-WP-2596-2021.doc State-Authorities-Respondents.

The submission of the Petitioner is that the Petitioners are the land holders and lands were situated in village-Mudshingi, Taluka Karvir, DistrictKolhapur. These lands were required for the irrigation project. It is submitted that the Petitioners have received the notices under Section 37(2) of the new Act and though the Petitioners have received compensation. The additional components towards additional compensation is partly paid to the petitioner. The learned Counsel for the Petitioner invited our attention to the representation submitted to the Competent Authority i.e. District Collector, Kolhapur (Land Acquisition) Branch. A perusal of the representation show that the same is submitted to the Competent Authority on 2nd March, 2021 and decision on the representation is awaited.

As this is the limited grievance raised in Petition, we deem it appropriate to dispose of the Writ Petition with direction to respondent no.2 to decide the representation submitted to him as early as possible and not later than ten weeks from the date of receipt of this order. REKHA PRAKASH PATIL (V.G.BISHT, J.) (PRASANNA B. VARALE, J.) REKHA PRAKASH PATIL Date: 2021.10.