Smt. Pallavi Shrinivas Vale, Through Constituted Attorney, Shri. Arun Sampatrao Patil v. State Of Maharashtra And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 287 OF 2014 Smt. Pallavi Shrinivas Vale .. Petitioner V/s Special Land Acquisition Officer No.22, Pune & Ors.

.. Respondents Mr. Siddharth Ronge with Mr. Ameya Borwankar for the petitioner. Mr. Vijay Patil for respondent no.3.

Mr. P.P. Kakade, AGP for respondent nos.1, 2, 4 and 5. CORAM: DR. MANJULA CHELLUR, CJ. & G.S. KULKARNI, J.

DATE : 13th FEBRUARY 2017 P.C.:

The petitioner is before this Court challenging the acquisition of land in Survey No. 206/1/1 situated at Village Wakhad in Pune District. The land in question came to be acquired for the purpose of formation of new township called "Pimpri Chinchwad New Township". According to the petitioner, though acquisition notice was given and her objections were considered, ultimately final declaration of acquisition also came to be made in terms of section 6(1) of the Land Acquisition Act, 1894 [for short "the Act"]. The award under section 11 of the Act came to be made on 23rd

September 1986. However, according to the petitioner, the compensation amount was not disbursed/paid in terms of section 31 of the Act.

2.

Apparently the State Government has also placed on record the material indicating that the amount by the beneficiaries came to be deposited with the treasury, i.e. Personal Ledger Account of the Special Land Acquisition Officer, for disbursement of money to the land losers. However, the Special Land Acquisition Officer did not disburse the said money to the petitioner. Then the question would be what should happen to the acquisition proceedings which came to be completed in terms of procedure under the Act, but no compensation is paid till date.

3.

The Right to Fair Compensation And Transparency In Land Acquisition, Rehabilitation And Resettlement Act, 2013 came into existence with effect from 1st January 2014. On this aspect of the matter, we have already dealt with in detail in Writ Petition No. 3238 of 2015 which came to be disposed of on 17th January 2017. 4.

Learned counsel for the petitioner also relies upon series of judgments which are already referred to in our order dated 17th January 2017.

5.

In the light of the observations made in the said order dated 17th January 2017 in Writ Petition No.3238 of 2015, the present writ petition is also disposed of.

(G.S. KULKARNI, J.) CHIEF JUSTICE