Shivdas Bhavsing Chavan And Others v. The State Of Maharashtra Through The Secretary And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.2961 OF 2023 SHIVDAS BHAVSING CHAVAN AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE SECRETARY AND OTHERS ...

Advocate for the Petitioners : Shri Patil Prakashsing B. AGP for Respondents 1 to 6/State : Shri S.B. Yawalkar ...

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

DATE :- 10th August, 2023 Per Court :- 1.

Leave to correct the prayer clauses. Correction be carried out forthwith.

2.

The grievance of the Petitioners is that though their land was acquired in 2001 for construction of the percolation tank on 16.01.2001, the acquisition proceedings have not been initiated and, therefore, the compensation has not been paid. 3.

The learned AGP submits, in the light of the affidavit in reply, that the State has already started the acquisition proceedings, a preliminary notification under Section 11 of the Right to Fair Compensation and Transparency in Land

*2* 903wp2961o23 Acquisition, Rehabilitation and Resettlement Act, 2013, has already been published in the gazette dated 25/31.05.2023. The timeline as prescribed in the 2013 Act will be followed and there would not be any delay.

4.

The learned Advocate for the Petitioners submits that though there is a specific time line for passing of the award, the State would cause delay in disbursing the amount. 5.

As such, this Writ Petition is disposed off since the purpose for which the petition was filed, has been achieved. After the award is delivered within the timeline as prescribed by the 2013 Act, we expect the Authorities to disburse the payment to the landlords, as expeditiously as possible, provided there is no legal impediment.

kps (Y. G. KHOBRAGADE, J.) (RAVINDRA V. GHUGE, J.)