Nilesh Dinkar Nipunge v. The State Of Maharashtra Through Secretary And Others

2024:BHC-AUG:16931-DB ( 1 ) 970 wp 3118.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 970 WRIT PETITION NO. 3118 OF 2024 with Civil Application No.7732/2024 NILESH DINKAR NIPUNGE

VERSUS

THE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS .....

Advocate for the Petitioner : Mr. D.R. Kale h/f. Lagad Yogesh Hanumant AGP for Respondents/State : Mr. R.K. Ingole .....

CORAM : RAVINDRA V. GHUGE & Y.G. KHOBRAGADE, JJ.

DATE :

31st July, 2024 P.C. :- 1.

We have perused the judgment dated 14.01.2016, delivered in Writ Petition No.5493/2014, filed by the present Petitioner challenging the acquisition. This Court directed the Respondent-State to pay an amount of Rupees Twenty Five Lakhs to the Petitioner as a lump sum compensation, within four months from 14.01.2016. The amount has still not been paid. 2.

The learned AGP makes a statement that the Hon'ble Supreme Court has dismissed the Special Leave Petition (Civil) No.13794/2016, filed by the Petitioner, vide order dated 12.01.2024. Thereafter, a proposal has been forwarded on 23.01.2024, to the Principal Secretary, Rehabilitation, State of Maharashtra for funds. The funds have still not been received.

( 2 ) 970 wp 3118.24 3.

In so far as the grievance of the Petitioner that his land which is now acquired, is likely to be delivered under the rehabilitation scheme to a wrong person, the learned advocate submits on instructions that the Petitioner desires to withdraw this Petition and would pursue any remedy that may be permissible to the Petitioner in law. In view of the above, this Writ Petition is disposed off as withdrawn on instructions. The Civil Application also stands disposed off.

4.

As the State has disobeyed the order of this Court dated 14.01.2016, we observe, in view of the statement made by the learned AGP on instructions, that the Principal Secretary, Rehabilitation shall ensure that the compensation of Rupees Twenty Five Lakhs, is paid, within 60 days. In so far as the interest component is concerned, we leave it open to the Petitioner to seek redressal, independently.

[Y.G. KHOBRAGADE, J.] [RAVINDRA V. GHUGE, J.] mub