Trimbak Lalachand Mugale v. The State Of Maharashtra And Others

1 W.P. No. 2142/2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD 12.

WRIT PETITION NO. 2142 of 2018 Trimbak Lalachand Mugale

...Petitioner

VERSUS

The State of Maharashtra and others

...Respondents

Mr. Sandeep N. Lute, Advocate for petitioner Mr. S.P. Tiwari, Asstt. Govt. Pleader for Respts. No. 1 to 3 Mrs. M.A. Deshpande, Advocate for respondent No.5 C ORAM : S.V. GANGAPURWALA AND AVINASH G. GHAROTE, JJ.

DATE : 27th November, 2019 PER COURT :

1.

There is no dispute among the parties that the land of the petitioner requires to be acquired. An affidavit filed by the Naib Tahsildar states that respondent No.4 has not submitted the proposal in the office of respondents No.2 & 3 regarding valuation of the land of the present petitioner, so also, the joint measurement report of the land of the petitioner is awaited; and after completion of the joint measurement and submission of the rates of the land, the land acquisition proceedings would be completed.

2 W.P. No. 2142/2018 2.

As there is no dispute about the factum of the land to be acquired, we pass the following order.

O R D E R

(I) Respondents No. 2 to 4 shall take further steps, such as, joint measurement, valuation of the land, submission of the proposal, within six months from today. The notification under section 11 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 shall be issued, preferably within eight months from today and the acquisition proceedings shall be completed within the time stipulated under the said Act.

(II) The parties are also at liberty to acquire the land by private negotiations/sale deed. If the same does not materialise within a period of eight months, the acquisition shall be undertaken, as directed above.

(III) The writ petition is accordingly disposed of. No costs. ( AVINASH G. GHAROTE ) ( S.V. GANGAPURWALA ) JUDGE JUDGE Madkar