Shriram Daulatrao Janjal And Others v. The State Of Maharashtra And Others

1 31WP3925.2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

BENCH AT AURANGABAD.

WRIT PETITION NO. 3925 OF 2018 Shri. Shriram S/o. Daulatrao Janjal & Ors.

.... Petitioners

Versus

State of Maharashtra & Ors.

..... Respondents ..

Shri. Sandeep N. Lute, Advocate for the petitioners Shri. S. B. Pulkundwar, AGP for respondent/State ..

CORAM : S. V. GANGAPURWALA AND A. M. DHAVALE, JJ.

DATE : 9TH APRIL, 2019 ORAL ORDER:

1.

We have heard Shri. Sandeep N. Lute, learned counsel for the petitioner. In the present petition, the petitioner has come with a case that, no award has been passed in respect of the acquired land of the petitioner. The affidavit is filed by respondents No. 2 and 3 through Dy. Collector (Land Acquisition), Collector Office, Aurangabad. The affidavit states that, award has been passed and declared by respondent No. 3 on 25.01.2009 and there is no question of declaration of award under the provision of Right to Fair Compensation, Rehabilitation and Resettlement Act, 2013.

2 31WP3925.2018 2.

According to the learned counsel for the petitioner, no notice was issued to the petitioner of the passing of the award nor compensation amount has been paid. The learned counsel relies on Section 24(2) of the Right to Fair Compensation, Rehabilitation and Resettlement Act, 2013.

3.

The learned counsel submits that, the petitioner would like to challenge the said award on the touchstone of the provisions of the Right to Fair Compensation, Rehabilitation and Resettlement Act, 2013.

4.

In light of the above, the writ petition is disposed of with liberty to the petitioner to take appropriate steps with regard to the award dt. 25.01.2009.

5.

All the contentions of the respective parties are kept open. No costs.

[ A. M. DHAVALE ] [ S. V. GANGAPURWALA ] JUDGE JUDGE Punde