Babulal Trimbak Bankar And Others v. The State Of Maharashtra And Others

{1}

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.6819 OF 2015 Babulal s/o Trimbak Bankar & others Petitioners

Versus

The State of Maharashtra & others Respondents WITH WRIT PETITION NO.6820 OF 2015 Rangnath s/o Tukaram Rasal & others Petitioners

Versus

The State of Maharashtra & others Respondents WITH WRIT PETITION NO.6875 OF 2015 Sunil s/o Jagnnath Zalani & others Petitioners

Versus

The State of Maharashtra & others Respondents WITH WRIT PETITION NO.6876 OF 2015 Shailesh s/o Raosaheb Kunte & others Petitioners

Versus

The State of Maharashtra & others Respondents WITH WRIT PETITION NO.6877 OF 2015 Baburao s/o Laxman Karpe & others Petitioners

Versus

{2} The State of Maharashtra & others Respondents Mrs.M.N.Jamdhade, advocate with Mr.N.R.Jamdhade, advocate for petitioners Mr.N.B.Patil, A.G.P. for Respondents No.1 to 4. Mr.P.P.Kulkarni, advocate for Respondent No.5. CORAM : R.M.BORDE & P.R.BORA, JJ.

DATE : 14th September, 2015 PER COURT:

These petitions can be disposed of by directing the Collector to take decision on the applications tendered by respective petitioners under Section 28A of the Land Acquisition Act, either himself or through his subordinates, as expeditiously as possible, preferably within six months from today; and it is accordingly directed.

It is informed that reliance is placed by the petitioners on the awards passed in the Lok Adalat determining the compensation. Under the provisions of Legal Services Act, 1987, settlement arrived at before the Lok Adalat has force of decree and in view of the judgment delivered by us in Writ Petition No.5794 of 2014, decided on 4th August, 2014, (Nanabai Kashiram Awsarmal & others Vs. State of Maharashtra & others), application under Section 28A of the Land Acquisition Act, for redetermination of compensation based upon award passed by the Lok Adalat, is maintainable.

In view of above, we have issued directions to the

{3} Collector, as referred to above in paragraph no.1. Upon redetermination of amount of compensation by the Collector, Respondent No.5 shall pay the amount to the respective claimants, as expeditiously as possible, preferably within four months from such redetermination.

In view of the directions as above, writ petitions stand disposed of.

P.R.BORA R.M.BORDE JUDGE JUDGE adb/wp681915