Raghunath Rustum Gore And Another v. The State Of Maharashtra And Others

1 wp 7771.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 7771 OF 2017 Raghunath Rustum Gore and another .. Petitioners

Versus

The State of Maharashtra and others .. Respondents Shri V. B. Jagtap h/f Shri Nandkishor J. Pahune Patil, Advocate for the petitioners.

Shri A. V. Deshmukh, A.G.P. for Respondent Nos. 1 to 3. Respondent No. 4 served.

CORAM : S. V. GANGAPURWALA & A. M. DHAVALE, JJ.

DATE : 8 th February, 2018 PER COURT :

1.

Learned advocate for the petitioners submits that the land of the petitioners has been taken in possession by the respondent No. 4 in the year 2005. The joint measurement was carried out in the year 2006. Under Section 4 of the Land Acquisition Act, 1894, notification was issued on 5.10.2012. However, thereafter no further steps are taken for acquisition.

2.

We have heard learned A.G.P. for the respondent Nos. 1 to 3.

3.

As Section 4 of the Land Acquisition Act, 1894, notification

2 wp 7771.17 is already issued. The respondents have shown their intention to initiate acquisition proceedings.

4.

The respondent No. 4 is served, however, none appears for respondent no. 4. Now the acquisition proceedings will have to be initiated under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to Act 2013). 5.

Considering the above we pass the following order.

ORDER

I] In case the acquisition proceedings are not initiated under Act 2013, then respondent No. 4 shall forward the proposal for acquisition of the land for which Section 4 notification was already issued, to the respondent within four months.

II] On receipt of proposal for acquisition, the steps shall be taken for acquisition of the property within the time stipulated in the Act 2013.

6.

The writ petition is disposed of. No costs.

[A. M. DHAVALE, J.] [S. V. GANGAPURWALA, J.] marathe/Feb.18