Bombay High CourtWP/5066/2016disposed offdismissed for default

Apsana Bee Hameed Bee Sayyad v. The State Of Maharashtra And Others

2016-05-04Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice K. K. Sonawane4 pages

1 WP-5032.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 5032 OF 2016 Dagdu Dhondiba Vairale WITH WRIT PETITION NO. 5033 OF 2016 Sarubai Kondiram Ubale WRIT PETITION NO. 5050 OF 2016 Baburao Lalsing Rathod and ors.

2 WP-5032.16 WRIT PETITION NO. 5051 OF 2016 Pradeep Bansi Jadhav and others WRIT PETITION NO. 5052 OF 2016 Sheelabai Gulab Rathod and ors.

WRIT PETITION NO. 5066 OF 2016 Apsana Bee Hameed Bee Sayyana WRIT PETITION NO. 5068 OF 2016 Radhabai Pralhad Nariman and ors.

3 WP-5032.16 WRIT PETITION NO. 5071 OF 2016 Dnyaneshwar Sheshrao Rathod WRIT PETITION NO. 5072 OF 2016 Ramnath Trimbak Korde WRIT PETITION NO. 5073 OF 2016 Deepak Suryabhan Bhalmode and ors.

Mr. B.S. Karhale, Advocate for petitioners CORAM : S. V. GANGAPURWALA AND K.K. SONAWANE, JJ.

DATED : 4th MAY, 2016.

Order :-

1. Issue notice to respondents. Learned Assistant Government Pleaders accepts notice for respondents No.1 and 2 in respective petitions.

4 WP-5032.16 2.

Mr. Karhale, learned counsel for petitioners submits that though the applications for granting rental compensation are filed by the petitioners, in 2014, however, no decision is being taken upon the same.

Learned Assistant Government Pleaders pointed out that award is passed in the year 1988 and the applications, for the first time, claiming rental compensation are filed in the year 2014. 4.

To pay the rental compensation is obligation of the respondents -authorities. Considering the fact that applications are made in the year 2014, though award is passed in 1988, we pass the following order. Respondents - authorities shall decide the applications filed by the petitioners claiming rental compensation on its own merits, in accordance with law and as per policy after hearing all parties concerned, as expeditiously as possible, preferably within a period of nine months from the date of this order. In case, the authorities come to conclusion that the petitioners are entitled for rental compensation, the respondents - authorities shall pay the same within a period of six months from the date of determination of the amount, however, the petitioners shall not be entitled for interest on the said amount from the year 1989 to 2013.

With these directions, writ petitions stand disposed of. No costs. Sd/- Sd/- [ K. K. SONAWANE, J.] [S. V. GANGAPURWALA, J.] MTK