Babasaheb Rajabhau Ghate v. The Union Of India And Others

1 wp 4263.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 4263 OF 2018 Babasaheb Rajabhau Ghate .. Petitioner

Versus

Union of India and others .. Respondents Mr. R. A. Deshmukh, Advocate for the Petitioner. Mr. R. R. Bangar, Sanding Counsel for Respondent Nos. 1 and 3.

Mr. D. S. Manorkar, Advocate for Respondent No. 2. Mr. K. B. Jadhavar, A.G.P. for Respondent / State. CORAM: S. V. GANGAPURWALA & A. M. DHAVALE, JJ.

DATE:

8 th JANUARY, 2019 PER COURT :

1.

The compensation to the extent of the land acquired by the respondent - Authority for the service road is not paid.

2.

We have heard the learned counsel for respective parties.

3.

We have in Writ Petition No. 9143 of 2016 under order dated 27.11.2018 and also other writ

2 wp 4263.18 petitions held that as the land is situated in the Grampanchayat area, the Development Control Rules are not applicable. The petitioner would be entitled for compensation of the land acquired and affected under the service road.

4.

In the light of above, the respondents shall calculate the amount of compensation for the land affected under the service road within a period of three (3) months from today and shall make the payment thereof to the petitioner within six (6) months.

5.

The writ petition accordingly stands disposed of. No costs.

[A. M. DHAVALE, J.] [S. V. GANGAPURWALA, J.] marathe