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Bombay High CourtWP/3773/2015disposed offdismissed for default

Sahebrao Kashinath Atole v. State Of Maharashtra And Others

2016-07-13Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice K. K. Sonawane2 pages

1 WP-3773.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 3773 OF 2015 Sahebrao Kashinath Atole ...PETITIONER versus State of Maharashtra and others ...RESPONDENTS .....

Mr. S.L. Bhapkar, Advocate for petitioner Mr. S.M. Ganachari, AGP for respondents No. 1 to 3 Mr. S.P. Sonpawale, Advocate for respondent No. 4- Acquiring Body .....

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

DATED : 13th JULY, 2016.

Order :-

1. Mr. Bhapkar, learned counsel for petitioner submits that though the award is passed more than a year, the amount of compensation is not paid.

2.

Mr. Sonpawale, learned counsel for respondent - acquiring body submits that there is mistake in the 7/12 extract. Petitioner himself has produced 7/12 extracts which shows that he owns land Gut No.120 and there are names of some other persons. According to Mr. Bhapkar, learned counsel those persons have given no objection for disbursing the amount of compensation to the petitioner. Even the petitioner is also ready to give no objection to those persons also.

3. Parties may take steps to correct the award. If that is not possible, the amount could have been deposited in the court, and the parties

2 WP-3773.15 shall take effective steps in that regard. If necessary corrections are not made within three months and the dispute between the claimants and acquiring body is not resolved within aforesaid period, then acquiring body or State - authorities shall take steps to deposit the amount in the Court as per the provisions of Land Acquisition Act, 1894 within a period of three months thereafter.

4.

It is submitted that the petitioner has already filed an application to the Consolidation Officer for rectification of mistake. If the application of petitioner is pending, Consolidation Officer shall consider the same immediately on its merits and in accordance with law and pass appropriate orders thereon within a period of three months from the date of this order.

5.

Writ petition is disposed of accordingly. No costs. Sd/- Sd/- [ K. K. SONAWANE, J.] [S. V. GANGAPURWALA, J.] MTK