Sharad Dattatray Joshi And Others v. State Of Maharashtra Through Its Secretary And Others

2024:BHC-AUG:10352-DB 4614.24ca (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 931 CIVIL APPLICATION NO. 4614 OF 2024 IN WP/6343/2023 SHARAD DATTATRAY JOSHI AND OTHERS

VERSUS

STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ....

Mr S. V. Natu, Advocate for Applicants;

Mr R. S. Wani, A.G.P. for Respondent Nos.1 to 4 CORAM : RAVINDRA V. GHUGE AND R. M. JOSHI, JJ.

DATE : 9th May, 2024 PER COURT:

1.

We have heard the learned Advocates for the Applicants and the learned A.G.P.

2.

It is apparent that, there are several disputed aspects in this matter. The Applicants/Petitioners contend that a road was never existing, which is now shown in the map. A completely new road is sought to be constructed. A contrary stand is taken by the Respondents.

4614.24ca (2) 3.

In view of the above, we direct that, if we finally conclude in this proceeding or if it is concluded in any other proceeding that the Petitioners' land, to which they have right, title and interest, is consumed in a public project and they are rendered land losers, we would direct appropriate steps to be initiated for quantifying compensation in terms of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 for facilitating payment of compensation to the Petitioners to the extent of portion of their lost land.

4.

This Civil Application is disposed off.

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