Parin Corporation And ANR v. Municipal Corporation Of Greater Mumbai And 4 ORS

pmw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.920 OF 2014 Parin Corporation and Anr.

... Petitioners Vs.

Municipal Corporation of Greater Mumbai and Ors. ... Respondents Ms. Nilima Vinay Sanglikar, for the Petitioners. Ms. Shobha Ajitkumar, for the Respondent Nos.1 to 3. Mr. Amit Shastri, AGP, for the Respondent Nos.4 and 5. CORAM : A.S. OKA & A.P. BHANGALE, JJ.

DATE : 23rd MARCH, 2015 P.C.

.

Heard the learned counsel appearing for the Petitioners, the learned counsel appearing for first to third Respondents and the learned AGP for the fourth and fifth Respondents. Perused affidavit of Shri Bansi Gawali, the Deputy Collector (Land Acquisition) No.7, Mumbai Suburban District, Mumbai. In paragraph 8 of his affidavit, he has stated thus :- "8.

I say that after applying the due procedure of law according to the Land Acquisition Act, 1894 read alongwith the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, in relation to the Right to Fair Compensation and Fair Acquisition Transparency, the concerned authority/ abovenamed will declare the final award of compensation as expeditiously as possible within the period of one year."

2.

The learned AGP submits that if the Petitioners co-operate, it will be possible to meet the deadline set out in paragraph 8 quoted above. He states that the sixth Respondent has issued notice calling upon the Petitioners to remain present on 24 th March, 2015. We accept the statement in paragraph 8 of the reply. It is obvious that the Petitioners will have to co-operate with the sixth Respondent for early conclusion of the land acquisition proceedings. 3.

Hence, we dispose of the Petition by passing the following order :-

ORDER

(i) The statements made in paragraph 8 of the affidavit of Shri Bansi Gawali, the Deputy Collector (Land Acquisition) No.7 are accepted;

(ii) In view of the statements, we direct the fifth and sixth Respondents to declare an Award on or before 31 st August, 2015;

(iii) On declaration of the Award, compensation payable to the Petitioners, if any, shall be paid as expeditiously as possible and not later than the expiry of period of two months from the date of declaration of the Award. (iv) We make it clear that we have made no adjudication on the entitlement of the Petitioners to receive

compensation and all questions in that behalf are kept open. Petition is disposed of on above terms. (A.P. BHANGALE, J ) (A.S. OKA, J )