Parvatabai Sarjerao Thengade Deceased Through Her Lrs Grandson Ganesh Pandurang Thengade v. The Union Of India And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 909 WRIT PETITION NO.2886 OF 2022 PARVATABAI SARJERAO THENGADE DECEASED THROUGH HER LRS GRANDSON GANESH PANDURANG THENGADE

VERSUS

THE UNION OF INDIA AND OTHERS ...

Advocate for Petitioners : Mr. Patil Prakashsing B. AGP for Respondents/State : Mr. S.B. Yawalkar Advocate for R/1 & 4 : Mr. A.N. Patale Advocate for R/3 : Mr. D.S. Manorkar ...

CORAM : RAVINDRA V. GHUGE & Y.G. KHOBRAGADE, JJ.

DATE : 6th June, 2023 P.C. :- 1.

It is undisputed that compensation towards acquisition of land admeasuring 4 R belonging to the deceased-petitioner, has been paid to land owners from gut nos. 478 and 479. It is equally undisputed that the acquiring authority will now have to initiate the recovery process by issuing notice to those land owners who have received the compensation in excess which should have been paid to the petitioner.

2.

In view of the above, the learned advocate for the petitioner submits on instructions that this procedure for recovering the excess payment

( 2 ) 909 wp 2886.22 and payment of the said amount to the petitioner, should be initiated by respondent no.4 within a particular time frame. 3.

In view of the above, this petition is disposed off. 4.

We expect respondent no.4 to issue notices to those land owners who have received excess payment of compensation, within a period of 21 days from today. Thereafter, by following the due procedure laid down in law, appropriate steps be taken to ensure that the excess payment is recovered so as to be paid to the petitioner, without any delay. 5.

All rights and contentions of the stake holders are kept open, including the claim for interest for delayed payment to the petitioner. [Y.G. KHOBRAGADE, J.] [RAVINDRA V. GHUGE, J.] mub