Chima Rama Burud Through Lrs Balu Chima Burud And Others v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 44 WRIT PETITION NO.6469 OF 2019 CHIMA RAMA BURUD THROUGH LRS BALU CHIMA BURUD AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioners : Mr Shinde S.k.

AGP for Respondents State: Mr. A.R. Kale Advocate for Respondent No.5 : Mr. A.D. Gadekar

CORAM

: S. V. GANGAPURWALA & MANGESH S. PATIL, JJ.

DATE : 25th July, 2019 PER COURT :

1.

We have heard learned Advocate for the parties. 2.

The learned counsel for the petitioners submits that the project has been cancelled. The petitioners relies on the order dated 6th March, 2018 passed by this Court in Writ Petition No.10617 of 2017.

3. Learned advocate for the petitioners submits that the award was passed in respect of the writ lands in the year - 1987. The amount of compensation was received by the petitioners. Learned advocate for the petitioners submits that the reference under Section 18 of the Land Acquisition Act, was not filed. The learned advocate further submits that, the land is in possession of the present writ petitioners. The acquiring body is not in 1/3

need of the land as such the award be quashed and set aside.

4.

Learned advocate for the acquiring body accepts the fact that the land is not required by the acquiring body, as the project itself is disbanded and the possession of the land is with the respective petitioners.

5.

We have heard the learned Additional Government Pleader also.

6.

The petitioners also refer to the order passed by this court dated 20th April, 2017, in Writ Petition No. 11953 of 2016, with connected writ petitions and submits that in the said writ petitions the acquisition and the award was same.

7.

We have also considered submissions canvassed. 8.

In light of that, we quash and set aside the award. However, the petitioners shall repay the amount received as compensation pursuant to the impugned award to the acquiring body with interest at the rate of 6% per annum from the date compensation received till the date of payment. The said payment shall be made within a period of 2/3

six weeks. The present order of the impugned award being set aside would come into force only after the petitioners makes the payment as directed above.

9.

The writ petition accordingly stands disposed of. No costs.

(MANGESH S. PATIL,J.) (S.V.GANGAPURWALA, J.) JPC 3/3