Arjun Changdeo Munde And Another v. The Dy Collector Osmanabad

1 WP-4222.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 4222 OF 2016 Arjun Changdeo Munde and others ...PETITIONERS versus The Dy. Collector Osmanabad ...RESPONDENTS WRIT PETITION NO. 4219 OF 2016 Namdeo Nivrutti Munde and others ...PETITIONERS versus The Dy. Collector Osmanabad ...RESPONDENTS .....

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Mr. M.D. Sonavane, Advocate for petitioners Mr. S.P. Sonpawale, AGP for respondent .....

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

DATED : 12th APRIL, 2016.

Order :-

1. Issue notice to respondent. Learned Assistant Government Pleader waives service for respondent.

2.

Mr. Sonavane, learned counsel for petitioners submits that the award is passed in respect of land acquired of the petitioners, however, till today compensation amount has not been paid. Names of these petitioners are reflected in the award so also E-statement accompanied with award. Even all the petitioners have filed affidavit stating that no other persons have claimed the shares in compensation amount still

2 WP-4222.16 amount is not being disbursed by the authority concerned. 3.

It is submitted that the authority of National Highway has deposited amount with the respondent. In case, there is dispute among parties then objection has to be referred to the appropriate Court, however, if there is no objection raised by any party and the amount to be paid to the claimants, is not disputed then respondent - authority cannot retain said amount and has to pay the amount as per award and E-statement, to those who are entitled to receive the same. 4.

In case, there is no objection received by respondent - authority and there is no dispute with regard to the amount to be disbursed so also no dispute of apportionment of the amount then the authority shall make payment of the compensation amount to the petitioners as per E-statement accompanied with award as expeditiously as possible.

5.

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