Bombay High CourtWP/9459/2014admittedallowedgrantedrule absolute

Kalidas Vithoba Sanap v. The State Of Maharashtra And Others

2015-02-03Hon'Ble Shri Justice R. M. Borde,Hon'Ble Shri Justice P.R. Bora3 pages

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.9459 OF 2014 Kalidas s/o Vithoba Sanap Age: 77 years, occu: agril.

R/o Raymoha (old), Tq. Shirur (K), Dist. Beed Petitioner

Versus

1. The State of Maharashtra through Govt. Pleader High Court of Bombay Bench at Aurangabad.

2. The Collector, Beed District: Beed

3. The Special Land Acquisition Officer, Beed, District: Beed

4. The Executive Engineer (E.G.S.) Minor Irrigation Division, Beed.

Respondents Mr.D.R.Jayabhar advocate for the petitioner Mr.S.K.Kadam, AGP for Respondent State CORAM : R.M. BORDE & P.R. BORA, JJ Dated : 3rd February, 2015.

ORAL JUDGMENT (Per: R.M.Borde, J) Rule. Petition is taken up for final hearing with the consent

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An application tendered by the petitioner to respondent No.4, claiming rental compensation has not yet been dealt with. The petitioner has made a request for issuance of directions to the concerned respondents to take decision on the application tendered by him for grant of rental compensation. Determination of amount of rental compensation has to be made by respondent No.3 and on such determination, acquiring body i.e. respondent No.4 shall have to pay the amount to the petitioner. In the facts and circumstances of the case, this petition can be disposed of by granting leave to the petitioner to tender an appropriate application claiming rental compensation to respondent Nos. 2 and 3, within a period of six months from today. After the petitioner tenders an application with respondent Nos.

2 and 3, within the time stipulated as above, respondent No.3 shall take decision on the application and determine the amount of rental compensation as expeditiously as possible and preferably within a period of 8 weeks from the date of receipt of such application. On determination of the amount of rental compensation, respondent No.

{3} preferably within a period of three months from the date of such determination.

With the directions as above, writ petition stands disposed of. Rule is made absolute accordingly.

(P.R. BORA, J) (R.M.BORDE, J) vbd