Dadasaheb Bapu Potre And Others v. The State Of Maharashtra And Others
1 wp 11791.17
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD WRIT PETITION NO. 11791 OF 2017 Jagannath Laxman Potre and others .. Petitioners
Versus
The State of Maharashtra and others .. Respondents WITH WRIT PETITION NO. 11796 OF 2017 Jaideep Kashinath Shinde and another .. Petitioners
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The State of Maharashtra and others .. Respondents WITH WRIT PETITION NO. 11806 OF 2017 Dadasaheb Bapu Potre and others .. Petitioners
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The State of Maharashtra and others .. Respondents WITH WRIT PETITION NO. 15365 OF 2017 Rupchand Malhari Potre and others .. Petitioners
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The State of Maharashtra and others .. Respondents WITH WRIT PETITION NO. 15372 OF 2017 Haribhau Nathu Waghmode .. Petitioner
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The State of Maharashtra and others .. Respondents
2 wp 11791.17 WITH WRIT PETITION NO. 15373 OF 2017 Shahaji Tukaram Dhame .. Petitioner
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The State of Maharashtra and others .. Respondents WITH WRIT PETITION NO. 15375 OF 2017 Shrirang Waman Janjire .. Petitioner
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The State of Maharashtra and others .. Respondents WITH WRIT PETITION NO. 14562 OF 2017 Dajiram Balaji Pavane .. Petitioner
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The State of Maharashtra and others .. Respondents WITH WRIT PETITION NO. 14585 OF 2017 Sopan Gaba Janjire .. Petitioner
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The State of Maharashtra and others .. Respondents Shri A. A. Nimbalkar, Advocate for Petitioners in all matters. Shri P. S. Patil, Addl.G.P. for Respondent Nos. 1 to 3 in W.P. Nos. 11791/2017, 11796/2017 and 11806/2017.
Mrs. A. V. Gondhalekar, Addl.G.P. for Respondent Nos. 1 to 3 in W.P. No. 15365/2017 and 15375/2017.
Shri A. S. Shinde, A.G.P. for Respondent Nos. 1 to 3 in W.P. No. 15372/2017 and 115373/2017.
Shri S. G. Karlekar, Advocate for the Respondent No. 4 in W. P. Nos. 11791/2017, 11796/2017 and 11806/2017.
3 wp 11791.17 Shri Gulab B. Rajale, Advocate for the Respondent No. 5 in W. P. Nos. 11791/2017, 11796/2017 and 11806/2017.
Shri S. G. Karlekar, Advocate for Respondent Nos. 4 and 5 in W. P. No. 15365/2017, 15372/2017, 115373/2017, 15375/2017, 14562/2017 and 14585/2017 CORAM : S. V. GANGAPURWALA AND A. M. DHAVALE, JJ.
DATE : 28TH FEBRUARY, 2018.
FINAL ORDER :
.
Mr. Nimbalkar, the learned advocate for petitioners submits that, the lands of petitioners have been taken in possession by the respondent/acquiring body in the year 1998. No compensation amount has been paid to petitioners, nor any acquisition proceedings have been initiated.
2.
Mr. Rajale, the learned advocate for the acquiring body submits that, the proposals were submitted to the Government, however, said proposals are returned back. Now fresh proposals would be required to be submitted under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short "Act of 2013"). The learned counsel submits that, some time would be required in doing the same.
3.
We have heard the respective learned Additional/Assistant Government Pleaders and Mr. Karlekar, the learned advocate for
4 wp 11791.17 the respondent No. 5.
4.
Considering the fact that, lands of petitioners have been taken in possession in the year 1998 and they have not been paid any farthing till date, it is expected of the acquiring body and the State to expedite the acquisition proceedings. The respondent/acquiring body shall submit the proposals to the State for acquisition within a period of four (04) months from today and on receipt of the proposals the Land Acquisition Officer shall proceed to take steps under the Act of 2013 immediately and shall complete the process of passing the award within the time stipulated under the Act of 2013. With these observations writ petitions stand disposed of. No costs. 5.
In case within the period of these four months, the acquiring body is not in a position to get the sale deeds executed from the claimants of the acquired lands, then the process shall be followed under the provisions of the Act of 2013. [A. M. DHAVALE, J.] [S. V. GANGAPURWALA, J.] bsb/Feb. 18