Sudam Bali Modhave v. The State Of Maharashtra And Others

{1} wp478613.odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.4786 OF 2013 Sudam s/o Bali Modhave, age: 55 years, Occ: Agriculture, R/o Burudgaon, Tq. Nagar, District Ahmednagar.

Petitioner

Versus

01 The State of Maharashtra;

02 The Collector, Ahmednagar, District Ahmednagar.

03 The Special Lad Acquisition Officer No.12, Ahmednagar, District Ahmednagar.

04 The Executive Engineer, Central Railway, Pune, District Pune.

Respondents Mr.D.R.Jayabhar, advocate for the petitioner Mr.P.P.More, A.G.P. for Respondents No.1 to 3. Mr.K.D.Soman, advocate holding for Mr.D.V.Soman, advocate for Respondent No.4.

CORAM : R.M.BORDE & N.W.SAMBRE, JJ.

DATE : 16th February, 2015 ORAL JUDGMENT (Per R.M.Borde, J.):

Heard. Rule. Rule made returnable forthwith and heard finally by consent of learned Counsel for respective parties. The acquiring body - Respondent No.4 herein had presented petitions being Writ Petition No.8801 of 2014 and other

{2} wp478613.odt companion petitions with a prayer to quash the award passed by the Lok Adalat on 07.03.2010. This Court, by recording detailed reasons, directed dismissal of the said group of petitions. For the reasons recorded while dismissing Writ Petition No.8801 of 2014 and other companion petitions, no separate order is required to be passed in the instant matter. The acquiring body was earlier directed to deposit the amount. If the acquiring body has complied with the directions, the petitioner shall be entitled to withdraw the amount. If the acquiring body has failed to comply with the directions, we direct Respondent No.4- acquiring body to abide by our directions and pay the amount admissible to the petitioner in accordance with the award passed by the Lok Adalat forthwith.

Writ Petition is accordingly disposed of. No order as to costs.

N.W.SAMBRE R.M.BORDE JUDGE JUDGE adb/wp478613