Bhagwan Ramrao Zungure And Others v. The State Of Maharashtra And Others

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 2443 OF 2019 1.

Bhagwan s/o Ramrao Zungure, Age: 75 years, Occ: Occ: Agri., 2.

Machindra s/o Pandurang Zungure, Age: 70 years, Occ: Agri., 3.

Bansi s/o Pandurang Zungure, Age: 65 years, Occ: Agri., All R/o. At Post Ukanda-Chakla, Tq. Patoda, Dist. Beed ..PETITIONERS

VERSUS

1.

The State of Maharashtra 2.

The Collector Beed, District Beed.

3.

The Special Land Acquisition Officer, Minor Irrigation (work) Beed, Tq. Beed, Dist. Beed 4.

The Executive Engineer, Minor Irrigation Beed, Tq. & Dist. Beed.

..RESPONDENTS Mr D.R. Jaybhar, Advocate for petitioners;

Mrs M.A. Deshpande, A.G.P. for respondent/State CORAM : PRASANNA B. VARALE AND S.M.GAVHANE, JJ.

DATE : 21st FEBRUARY, 2019

(2) ORAL ORDER :

Heard learned Counsel appearing for the petitioners.

2.

Though learned Counsel for the petitioners submits that a limited grievance is raised in the petition and by inviting our attention to the copy of the representation dated 16th March, 2018 learned Counsel submits that the lands of the petitioners are acquired, necessary steps under the Land Acquisition Act are completed some time in the year 1987. It is also submitted that possession of land was taken by the respondents - authorities by way of private negotiations. It is submitted that the petitioners are entitled for rental compensation and interest on the amount of rental compensation as per Government Circulars dated 1st December, 1972 and 2nd April, 1979.

3.

It is then submitted though various representations were filed before the respondents -

(3) authorities, no decision was taken by the respondents - authorities, as such, the petitioners are before this Court.

4.

Perusal of the representation shows that the representation is as brief as it could be and no basic details are even stated in the representation except date of so called possession and dates of Government circulars.

Certain documents are placed on record along with the petition, namely, copy of award and copy of Government circulars.

5.

Considering the submissions of learned Counsel for the petitioners that the acquisition proceedings initiated some time in the year 1987 and considering the copy of the award placed on record which shows date as 29th August, 1992, we are inclined to dispose of the petition at admission stage.

6.

The petitioners to submit a proper and

(4) detailed representation with all necessary factual aspects to respondent No. 2 - Collector, Beed and respondent No. 3 - Special Land Acquisition Officer, Minor Irrigation (Works), Beed within one week from today. If such representation is received by respondent Nos. 2 and 3 within one week, respondent No. 2 and 3, in turn, to decide the representation as early as possible and not latter than twelve (12) weeks, needless to state on merits of the representation.

7.

With these directions, the petition is disposed of.

( S.M.GAVHANE ) (PRASANNA B. VARALE) JUDGE JUDGE Tupe