Fulchand Laxman Shinde And Another v. The State Of Maharashtra Through The Secretary And Others

2024:BHC-AUG:2091-DB ( 1 ) wp1079.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 66 WRIT PETITION NO. 1079 OF 2024 FULCHAND LAXMAN SHINDE AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE SECRETARY AND OTHERS Mr.S.E. Shekade, Advocate for the petitioner. Mr.R.S. Wani, AGP for the respondent/State.

Mr.P.D. Suryawanshi, Advocate for respondent/Zilla Parishad, Beed.

CORAM

:

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

DATED :

29.01.2024 PC :- 01.

We have considered the submissions of the learned Advocate for the respective sides. We have perused the communication from the SDO, Majalgaon (Land Acquisition Department), addressed to the Executive Engineer, Minor Irrigation Department, Zilla Parishad, Beed dated 26.03.2015, calling for a proposal with regard to the land acquisition for the percolation tank No.16. The learned Advocate for the Zilla Parishad submits that if the proposal has not been sent, it will be sent within a prescribed time under the 2013 Act and it is for the District Collector eventually to make arrangement for funds for payment towards the compensation amount.

( 2 ) wp1079.24 02.

In view of the above, this petition is disposed off. If the proposal has not been sent, let the Zilla Parishad send the proposal within a period of 45 days and thereafter, the concerned authorities shall proceed in accordance with the provisions of the 2013 Act and ensure that the acquisition is completed within the timeline prescribed. Needless to state, compensation will have to be paid.

[Y.G. KHOBRAGADE, J.] [RAVINDRA V. GHUGE, J.] snk/2024/JAN24/wp1079.24