Ramlal Ballu Naik And ORS v. The State Of Mah And ORS

{1} 931 sr. no..odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 4664 OF 2007 WITH CA/9156/2008 IN WP/4664/2007 RAMLAL BALLU NAIK AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioners : Mrs. Ashwini G. Patil AGP for Respondent No.1,2 & 5: Mr. S.G. Karlekar. Advocate for Respondent No.3 : Ms. S. S. Chillarge. CORAM : S.V. GANGAPURWALA & A.M. BADAR, JJ.

DATE : 7TH JANUARY, 2016.

PER COURT:

1] On 4.1.2016, when the matter was called out, none appeared for the petitioner. We have recorded the affidavit filed by the respondents stating the rental compensation is paid to eh petitioner from the date of possession till the date of award, so also, the Reference Court has awarded interest under Section 28 of the Land Acquisition Act from the date of possession as per the market value of the land awarded by the reference Court, which according to the respondents was also illegal. 2] Considering the above, and the fact that none appears for the petitioner, writ petition is dismissed. Civil application, if any, stands disposed of.

[A.M. BADAR] [S.V. GANGAPURWALA] JUDGE JUDGE grt/-