Machhindra Barikrao Kharat And Another v. The State Of Maharashtra Through The Secretary And Others

{1} 930 sr.no..odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.2717 OF 2023 MACHHINDRA BARIKRAO KHARAT AND ANOTHER

VERSUS

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

Advocate for Petitioner : Mr. Prakashsing B. Patil AGP for Respondents: Mr.S.G. Sangle.

CORAM : NITIN W. SAMBRE & S.G. CHAPALGAONKAR, JJ.

DATE : 8th MARCH, 2023 P.C.:- Heard.

2.

From the record, it reveals that possession of the land of the petitioner was taken on 15.04.2008, where-after, proceeding for land acquisition under the old Act of 1894 was initiated, which culminated into lapsing as the acquisition proceedings were not completed within the statutory period of two years under the said Act. 3.

Our attention is invited to the fresh proposal for acquisition as could be inferred from the communication dated May 9, 2022. 4.

According to the counsel for petitioner, inspite of the lapse of period of more than 9 months from the date of forwarding the proposal for acquisition, till this date, there are no development qua the acquisition of the land under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act,

{2} 930 sr.no..odt 2013.

5.

Learned AGP appearing for respondent Nos. 1 to 5 submits that proposal qua the acquisition of land of petitioner shall be taken to its logical end within a reasonable period.

6.

In view of the above statement, we dispose of the petition by directing the respondent authorities, particularly, respondent Nos. 4 and 5 to take the acquisition proceedings to its logical end within a period of one year from today.

[S.G. CHAPALGAONKAR] [NITIN W. SAMBRE] JUDGE JUDGE grt/-