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Bombay High CourtWP/7847/2015disposed offdismissed for default

Sayed Bashir Sayed Badu And Another v. State Of Maharashtra And Others

2016-07-28Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice K. K. Sonawane1 pages

WP-7847.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 7847 OF 2015 Sayed Bashir Sayed Badu and another ...PETITIONERS versus The State of Maharashtra and others ...RESPONDENTS .....

Mr. D.R. Jaybhar, Advocate for petitioners Mr. S.B. Pulkundwar, AGP for respondents .....

CORAM : S. V. GANGAPURWALA AND K.K. SONAWANE, JJ.

DATED : 28th JULY, 2016.

Order :-

1. Mr. Jaybhar learned counsel for the petitioners submits that though the award is passed long-back in the year 1990, however, land of the petitioners does not come within submergence of area, they are still in possession of said land. In case, the petitioners are still in possession of the said land though award is passed in long back, as per contention of the petitioners acquiring body does not require said land, petitioners may approach appropriate authority under section 48 of the Land Acquisition Act, 1894. In case, such an application is filed by the petitioners, appropriate authority shall take decision upon the same on its merits and in accordance with law.

2.

with aforesaid directions, writ petition is disposed of. No costs. Sd/- Sd/- [ K. K. SONAWANE, J.] [S. V. GANGAPURWALA, J.] MTK