Balaji Shankar Mule And ORS v. The State Of Mah And ORS

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.8735 OF 2009 Balaji S/o Shankar Mule and others. Vs. The State of Maharashtra and others.

Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders.

Court's or Judge's orders Mr.S.S.Halkude, advocate for the Petitioners. Mr.B.V.Virdhe, A.G.P. for the State.

CORAM : S.V.GANGAPURWALA AND K.K.SONAWANE,JJ.

Date : 14.06.2016.

PER COURT :

1.

Heard.

2.

Mr.Halkude, learned counsel for the petitioners submits that the petitioners are entitled for rental compensation as per the award passed by the Reference Court. The same is not being decided. According to the learned counsel, the contention of the Respondents that award passed by the Reference Court is assailed in this Court also does not survive. Learned A.G.P. fairly states that the appeal filed the Respondent-State along with an application for condonation of delay came to be rejected vide order of this Court dt.2.9.2014.

3.

In light of the above, there would be no impediment for the

authority to decide the claim of the petitioners for grant of rental compensation.

4.

In the result, we pass the following order :

a) The Respondent authority shall decide the claim of the petitioner for rental compensation (page 49) on its own merits in accordance with law and policy expeditiously, preferably within nine (9) months after hearing all parties concerned. In case the said claim of the petitioners is not with the concerned authority, the petitioners shall file fresh application or copy of the same with the authority.

b) Rule accordingly partly made absolute in above terms. No costs.

(K.K.SONAWANE,J.) (S.V.GANGAPURWALA,J.) Dt.14.06.2016.

asp/office/wp8735.09