Subhash Manakchand Zambad And Another v. The State Of Maharashtra And Others

2024:BHC-AUG:13780-DB 915-WP-1417-2019.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 1417 OF 2019 SUBHASH MANAKCHAND ZAMBAD AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ....

Mr. D. P. Palodkar, Advocate for Petitioners Mr. N. S. Tekale, AGP for Respondent - State Mr. Majit Shaikh, Advocate h/f Mr. Sachin Deshmukh, Advocate for Respondent - CIDCO ....

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

DATE : 09.07.2024 PER COURT :- 1.

The learned Advocates for the parties are united in submitting that this Petition would also be covered by the order dated 15.04.2024, passed by this Court in a group of Writ Petitions [Writ Petition No.5622 of 2021 (Raju Sarjerao Gaikwad Vs. State of Maharashtra and others) and connected Writ Petitions]. 2.

For the reasons set out in the order dated 15.04.2024, in Raju Sarjerao Gaikwad (supra), this Writ Petition is also disposed off. The lands which have been withdrawn for acquisition and for which notification has already been issued,

(( 2 )) 915-WP-1417-2019 would now be at the disposal of the Petitioners. If they desire to develop those lands, they are duty bound to follow the due procedure laid down in law.

3.

Insofar as the roads are concerned, let the Urban Development Department, along with CIDCO and the concerned authorities, take a decision as regards the compensation to be paid for the lands which have being partly used and/or demarcated, for roads. Such decision may be taken within 90 days and be communicated within 15 days thereafter, to each of these Petitioners. If the Petitioners are aggrieved by such decision, they are at liberty to espouse their rights and claims in accordance with the remedies as may be permissible in law.

4.

With regard to the damages, since the Petitioners desire to approach the District Collector, they are at liberty to make an appropriate representation and the District Collector would consider the same within 120 days from the date of tendering of the representation.

[ Y. G. KHOBRAGADE, J. ] [ RAVINDRA V. GHUGE, J. ] SMS