Bombay High CourtWP/1494/2019disposed offdismissed for default

Shamala Nandkumar Shete v. The Union Of India And Others

2019-02-04Hon'Ble Shri Justice Prasanna B. Varale,Hon'Ble Shri Justice S. M. Gavhane3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.1494 OF 2019 SHAMALA NANDKUMAR SHETE

VERSUS

THE UNION OF INDIA AND OTHERS Mr.S.C. Swami, Advocate for the petitioner.

Mr.S.B. Deshpande, ASG for respondent/Union.

CORAM : PRASANNA B. VARALE & S.M.GAVHANE,JJ.

DATED :

04.02.2019 P.C. :- 1.

Heard learned Counsel for the petitioner. A limited grievance is raised in the petition. The petitioner is owner of a plot situated in the area of Grampanchayat, Chakur. By the Government Notification, certain lands were acquired for construction of road. Some documents are placed on record to show that the plot was purchased by the petitioner and there are also certain entries in the revenue record. The grievance of the petitioner is, though a part of plot is acquired, the remaining area is now left unusable for any purposes. The petitioner neither can undertake any construction

( 2 ) activity on the remaining area nor can develop the remaining area. As such this area is unusable and futile piece of land for the petitioner. The petitioner submitted representation to the authority, namely, Special Land Acquisition Officer and the Collector, Latur. Copies of these representations are placed on record. It is submitted by the learned Counsel that when the petitioner initially approached the authorities, the authority informed the petitioner that the petitioner need to file objection application. Accordingly, the petitioner also filed objection application on 27.08.2018. Copy of objection is also placed on record. The petitioner then approached respondent No.3 - Collector apprising the Collector about the objection application dated 27.08.2018. Copy of the representation submitted to the collector is also placed on record. As there is no decision either on the objection application or on the representation, the petitioner is before this Court.

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In view of these facts, we are of the opinion that the petition can be disposed of with necessary directions to respondent Nos.3 and 4. Accordingly, the petition is disposed of with directions to respondent Nos. 3 and 4 to decide the objection application dated 27.08.2018 and representation dated 28.12.2018 as expeditiously as possible and not later than 12 weeks from today, needless to state on the merits of the objection application and the representation, if not decided earlier.

[S.M.GAVHANE,J.] [PRASANNA B. VARALE,J.] snk/2019/FEB19/wp1494.19