Dilip Amarsing Rathod And Another v. The State Of Maharashtra Through Collector And Others

2024:BHC-AUG:7800-DB (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 27 WRIT PETITION NO. 3541 OF 2024 DILIP AMARSING RATHOD AND ANOTHER

VERSUS

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

Mr D. K. Thote, Advocate for Petitioners;

Mr R. S. Wani, A.G.P. for Respondents/State CORAM : RAVINDRA V. GHUGE AND R. M. JOSHI, JJ.

DATE : 8th April, 2024 PER COURT:

1.

The Petitioners have put forth prayer clauses (B), (C) and (D), which read as under :- "B. Rule may kindly be made absolute and by issuing appropriate writ or direction in the like nature, the respondent be directed to pay the compensation amount to the petitioners as per the Government Resolution dated 30/03/2016 and complete the land acquisition proceedings as per the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 within a stipulated time period. C.

By issuance of writ of certiorari or writ or order or direction in like nature to the respondents be directed to considered valuation of land as on date 01/01/2014 as per

(2) provision of section 24(1) a of Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013 and for that purpose necessary directions be issued.

D.

By issuance of writ of certiorari or writ or order or direction in like nature to the respondents to pay compensation in advance as per the government resolution dated 30.03.2016 wherein the state Government has decided to pay 80% of compensation amount to the petitioners and for that purpose necessary directions to be issued."

2.

The learned A.G.P. appearing for the State Authorities, submits on instructions that the said land acquisition proceedings of the Petitioners shall be concluded within one year from today. 3.

We find that the work of construction of the Percolation Tank No.29 under the Employment Guarantee Scheme (EGS), was granted technical sanction on 30/09/2006. The project work is completed. The Contractor has been paid the entire dues. It is only that the Petitioners are waiting for the compensation.

4.

In view of the above, this Writ Petition is disposed off, with a direction to Respondent No.2/Sub Divisional Officer,

(3) Land Acquisition Officer, SDM Office, Partur, Jalna, to complete the entire procedure within a period of one year from today and ensure that the compensation is paid to the Petitioners within a period of 90 days, thereafter.

(R. M. JOSHI, J.) (RAVINDRA V. GHUGE, J.) sjk