Uttam Nilkanth Sonwane And Others v. The State Of Maharashtra And Others

wp2898.16.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD WRIT PETITION NO. 2898 OF 2016 1.

Uttam Nilkanth Sonwane age 69 years, occ. Agril.

r/o 'Mukti Apartment'

Plot No. 26, Janta Raja Chowk Mahabal Colony, Jalgaon Dist. Jalgaon 2.

Pralhad Shamrao Sonwane age 50 years, occ. Agril r/o Sujde, Post Bholane Tq. & Dist. Jalgaon 3.

Balu Ukhardu Sonwane age 55 years, occ. Agril.

r/o Nandra, Post Dhamangaon Tq. & Dist. Jalgaon .. PETITIONERS

VERSUS

1.

The State of Maharashtra Water Resources Department, Mantralaya, Mumbai.

2.

Special Land Acquisition Officer Jalgaon, Division Jalgaon 3.

Executive Engineer, Waghur Project Jalgaon Dist. Jalgaon 4.

The Collector, Collector Office, Jalgaon .. RESPONDENTS Mr. G.V. Wani, advocate for petitioners.

Mr. M.V. Kangne, AGP for the State.

===== CORAM : R.M. BORDE & K. L. WADANE, JJ.

DATE : 14th JULY, 2016.

ORAL JUDGMENT : ( PER R. M. BORDE, J. )

wp2898.16.doc 1.

Rule. Rule made returnable forthwith.

2.

Heard finally with the consent of learned counsel for the respective parties.

3.

Issue raised in the instant petition is no more res integra and is covered by judgment delivered by this Court in Writ Petition no. 2390/2015 and other companion matters decided on 21.09.2015. 4.

For the reasons set out in the aforesaid judgment, instant petition deserves to be allowed. Respondent - State authorities are directed to determine the amount of compensation payable to petitioners covered by section 4 notification in respect of the award in accordance with provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The exercise of determination of amount of compensation as directed above and payment thereof shall be completed within a period of six months from today. Rule made absolute to the extend specified above. In the facts and circumstances of the case, there shall be no order as to costs.

( K. L. WADANE ) ( R. M. BORDE ) JUDGE JUDGE dyb