Jijabai Babulal Bankar And Others v. The Divisional Commissioner, Land Acquisition, Aurangabad And Others

1 wp 1980.15.13

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 1980 OF 2015 Jijabai Babulal Bankar and others .. Petitioners

Versus

The Divisional Commissioner (Land Acquisition), Aurangabad and others .. Respondents Shri A. B. Kale, Advocate h/f Shri C. K. Sonawane, Advocate for Petitioners.

Shri S. N. Morampalle, A.G.P. for Respondent Nos. 1 and 2. CORAM : S. V. GANGAPURWALA AND A. M. BADAR, JJ.

DATE : 14TH JANUARY, 2016.

PER COURT :

.

Though respondent Nos. 4 and 5 are served none appears for respondent Nos. 4 and 5. The grievance is made that no steps are taken by respondents to deposit the amount awarded by the Reference Court in land acquisition references. Even Regular Darkhasts are filed and the respondent No. 3 had categorically made a statement in Darkhast on 17.11.2014 that the amount will be deposited in 15 days by making the demand proposal to the acquiring body. The learned counsel submits that still the amount is not deposited, though, more than one year has lapsed after the said statement was made.

2 wp 1980.15.13 2.

We have heard the learned Assistant Government Pleader. The respondent/acquiring body was bound to honour the commitment made by it to the Court i. e. when the warrant was issued against the respondent No. 3.

3.

Considering the above said position, we pass the following order.

4.

In case, the amount is not paid by respondent No. 3, so also, in case there are no prohibitory orders passed in appeal then the respondent No. 3 shall pay an amount of compensation to petitioners as agreed by it before the Court below within a period of eight (8) months from today. The writ petition is accordingly disposed of. No costs.

[ A. M. BADAR, J. ] [ S. V. GANGAPURWALA, J. ] bsb/Jan. 16