Rajesh Ramdas Chavan v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

AURANGABAD BENCH, AURANGABAD WRIT PETITION NO. 5963 OF 2016 RAJESH RAMDAS CHAVAN

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Mr.Pisal Pramod A.

AGP for Respondents 1, 2, 4 and 5 : Mr. A.R.Kale .....

CORAM : R.M.BORDE AND K.L.WADANE, JJ.

DATED : 18th APRIL, 2017 O R D E R :

The grievance raised by the petitioner is in respect of payment of amount of compensation of the acquired land to the extent of 65 Are situated at Shirasgaon, Taluka Vaijapur, District Aurangabad. According to the petitioner, the possession of the afore said property has been taken over by respondent no.3 for construction of a percolation tank. It is informed by the learned A.G.P. for respondents that although award was declared in respect of acquired lands in the year 1991, inadvertently the property of the petitioner, though acquired, was not included in

the award, and as such, amount of compensation has not been paid. After receiving the representation by the petitioner appropriate steps have been initiated. Respondent no.3 has stated on oath that proposal for determination of amount of compensation and passing of award has been forwarded to the Special Land Acquisition Officer, Vaijapur on 23.3.2017.

2.

In the affidavit presented on behalf of respondent nos. 2 and 5, the Deputy Collector, Land Acquisition and the Sub-Divisional Officer, it is stated that on receipt of proposal appropriate steps would be taken and award would be declared.

3.

In the facts and circumstances of the case, since the proposal has already been tendered with the Sub-Divisional Officer, Land Acquisition, we direct respondent nos. 2 and 5 to declare award and determine the amount of compensation, as expeditiously as possible, within a period of one

year from today. On determination of amount of compensation, respondent nos. 2 and 3 shall disburse the amount as determined under the award, as expeditiously as possible and preferably within a period of two months from such declaration. 4.

With the directions as above, the Writ Petition is disposed of.

(K.L.WADANE, J.) (R.M.BORDE, J.) dbm/wp5963.16