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Bombay High CourtCP/219/2022disposed off

Balaji Hari Ahenkare v. The State Of Maharashtra And Others

2022-07-11Hon'Ble Shri Justice Ravindra V. Ghuge,Hon'Ble Shri Justice Anil L. Pansare2 pages

( 1 ) cp219.22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 11 CONT. PETITION NO.219 OF 2022 IN WP/2861/2017 BALAJI HARI AHENKARE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS Mr.N.J. Patil, Advocate for the petitioner.

Mr.S.G. Sangle, AGP for the respondent/State. Mr.V.P. Patil, Advocate for respondent No.4.

CORAM

:

RAVINDRA V. GHUGE & ANIL L. PANSARE, JJ.

DATED :

11.07.2022 PC :- 01.

An affidavit in reply has been filed on behalf of respondent No.4. It is stated that the Municipal Council, Omerga should have submitted the proposal. The funds are made available for payment of the compensation to the petitioner. However, as the Municipal Council, Omerga has not forwarded the proposal, respondent No.4 - the Executive Engineer, Maharashtra Jivan Pradhikaran, is practically helpless.

02.

The learned Advocate for the petitioner has not arrayed the Chief Officer, Municipal Council, Omerga, as a respondent. Nonetheless, the

( 2 ) cp219.22 learned AGP submits that anticipating that the Municipal Council has a role to play, he contacted the Sub-Divisional Officer, Omerga and has collected instructions from Mr. Ganesh Pawar, SDO, Omerga, who is a Special Land Acquisition Officer, that he would deliver an award in view of the scheme enshrined under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. He further adds that the scheme provides one year time, from receipt of the proposal, to deliver the award.

03.

The learned Advocate for the petitioner submits, on instructions, that the petitioner is satisfied.

04.

In view of the above, this petition is disposed off by recording the statement made, as follows :- a) The Sub-Divisional Officer - Mr. Ganesh Pawar, shall ensure that a proposal from the Chief Officer, Omerga would reach his office within 15 days.

b) Thereafter, he would follow the scheme as set out in the 2013 Act and the award will be delivered within one year from the date of receipt of the proposal.

[ANIL L. PANSARE,J.] [RAVINDRA V. GHUGE,J.] snk/2022/JUL22/cp219.22