Gayabai Bhimrao Tidke And Otehrs v. The State Of Maharashtra And Others
1 wp 982.2022
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 7 WRIT PETITION NO.982 OF 2022 GAYABAI BHIMRAO TIDKE AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS ...
Advocate for Petitioners: Mr. Dnyaneshwar A. Bide AGP for Respondents/State: Mr. P. S. Patil ...
CORAM:RAVINDRA V. GHUGE AND ARUN RAMNATH PEDNEKER, JJ.
DATE: 25th JULY, 2022 PER COURT:
1.
The Petitioners have put-forth prayer clauses C, D and E, as under- "C] By issuing appropriate writ, order or directions the respondent no.3 to 5 may kindly be directed to initiate the land proceeding as per the "Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013" and declared the award of the acquired land of the petitioners out of Gut No.338, 339 situated at Pimparwada (Kalamdara), Tq.
Dharur, Dist. Beed, which is acquired by the respondents for the construction of Percolation Tank No.08 at village
2 wp 982.2022 Pimparwada (Kalamdara), Tq. Dharur, Dist.
Beed and pay the compensation to the petitioners within period of four weeks.
D] By issuing appropriate writ, order or directions the respondent Nos.3 to 5 may kindly be directed to submit the land acquisition proposal and to initiate and complete the land acquisition proceeding as per new enactment i.e.
"Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013"
and declared the award of the acquired land of the petitioners out of Gut No.338 & 339 situated at Pimparwada (Kalamdara), Tq. Dharur, Dist. Beed, which is acquired by the respondents for the construction of Percolation Tank No.08 at village Pimparwada (Kalamdara), Tq. Dharur, Dist.
Beed and pay the compensation to the petitioners within period of four weeks.
E] By issuing appropriate writ, order or directions the Respondent Nos.2 to 5 may kindly be directed to decide the representation dated 14/12/2021 filed by the petitioners and to pay the compensation to the petitioners within stipulated period."
3 wp 982.2022 2.
After the hearing progressed to some extent, we are informed that a Notification under Section 11 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as 'Act-2013') has been published on 07.04.2022. It is undisputed that the acquisition proceedings under the Act-2013 have to be completed within 12 months from the Notification. 3.
In view of the above, this Petition is disposed off. We record that the proceedings would be concluded on or before 06.04.2023 and the compensation amounts would be paid as expeditiously and possible, thereafter.
[ARUN RAMNATH PEDNEKER, J.] [RAVINDRA V. GHUGE, J.] marathe