Dinkar Davlu Jopale And ORS v. The Union Of India And ORS

24. WP 6683-21.doc Chittewan

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION RAJESH VASANT CHITTEWAN Date: 2021.12.21 10:53:04 +0530 RAJESH VASANT CHITTEWAN WRIT PETITION NO.6683 OF 2021 Dinkar Davlu Jopale ...

Petitioner

Versus

The Union of India And Others ...

Respondents ALONG WITH WRIT PETITION NO.6680 OF 2021 Smt. Amruta Ragho Bagul ...

Petitioner

Versus

The Union of India And Others ...

Respondents *** Mr. Vivek M. Punjabi for the Petitioners.

Mr. Ashutosh Misra for Respondent No.1-Union of India. Ms. Ashwini A. Purav, learned AGP for the State-Respondent Nos.2 to 4.

*** CORAM : PRASANNA B. VARALE & S. M. MODAK, JJ.

DATE : 16 DECEMBER, 2021 P. C. :

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Heard Mr. Vivek Punjabi, learned Counsel appearing for the Petitioners. A very limited grievance is raised in these petitions, i.e. in respect of non-payment of amount of compensation against the acquisition of land of the Petitioners. It is not in dispute that the lands of the Petitioners were acquired under the award dated 1/2

24. WP 6683-21.doc Chittewan 15 February 2020. Until the date of filing of the petitions, the amount of compensation under the award was paid to the Petitioners.

Learned AGP appearing for the State filed the affidavit-in-reply on behalf of Respondent Nos.2 to 4. The reply is shown to be of 13 December 2021. The factual aspects are referred to in affidavit-inreply. Mr. Vivek Punjabi, learned Counsel appearing for the Petitioners was fair enough to submit before this court that post swearing in reply by the State Government, the amount of compensation is disbursed in favour of the Petitioners and the Petitioners are now in receipt of the amount of compensation. As such, the grievance of the Petitioners in respect of non-payment of compensation no more survives. Learned Counsel submits that though the amount of compensation is disbursed to the Petitioners, there are certain other statutory dues, for which the Petitioners are entitled to. In that case, the Petitioners are at liberty to avail appropriate remedy for redressal of their grievances in respect of their additional claim.

With these observations, the writ petitions are disposed of. (S. M. MODAK, J.) (PRASANNA B. VARALE, J.) 2/2