Sagar Subhash Patil And Others v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 3230 OF 2018 Sagar Subhash Patil and others .. Petitioners

Versus

The State of Maharashtra and others .. Respondents Mr. G. V. Wani h/f. Mr. N. J. Pahune Patil, Advocate for the Petitioner.

Mr. V. S. Badakh, A.G.P. for Respondent Nos. 1 and 2.

Mr. Shrinivas M. Ganachari, Advocate for Respondent No. 3.

CORAM: S. V. GANGAPURWALA & R. G. AVACHAT, JJ.

DATE:

th DECEMBER, 2018 PER COURT :

1.

According to the learned Advocate for the petitioner the land of the petitioners is taken in possession by the Acquiring Body, however, compensation is not paid nor acquisition proceedings have been initiated.

2.

Mr.

Ganachari, learned Advocate for respondent no. 3 - Acquiring Body, submits that

2 wp 3230.18 the land acquisition proceedings are not completed. As per the order passed in Writ Petition No. 5028 of 2008, the construction could not be started because the land acquisition proceedings are not initiated. The Acquiring Body has also deposited an amount of Rs. 39,48,000/- in the office of the Collector towards advance compensation. Even acquisition proposal has been submitted on 21.07.2007. The fresh acquisition proposal has already been submitted under the Right to Fair Compensation in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to 'Act-2013) on 22.03.2016. 3.

We have also heard the learned Assistant Government Pleader.

4.

As there is no dispute that the land of the petitioners is under acquisition and the proposal is also submitted for commencing the acquisition proceedings by the Acquiring Body, the competent Authority shall commence the acquisition

3 wp 3230.18 proceedings within a period of three (3) months from today and complete the same within period stipulated under the Act-2013. In case, the competent authority notices some deficiencies in the proposal, the acquiring body shall remove the said deficiencies immediately.

5.

The writ petition accordingly stands disposed of. No costs.

[R. G. AVACHAT, J.] [S. V. GANGAPURWALA, J.] marathe