Dadasaheb Rambhau Bansode And Others v. The State Of Maharashtra Through Its Principal Secretary And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.5804 OF 2024 (DADASAHEB RAMBHAU BANSODE AND OTHERS VS. THE STATE OF MAHARASHTRA AND OTHERS) Mr.B.B.Shinde, Advocate for the Petitioners.

Mr.S.J.Salgare, AGP for the Respondent/State. ( CORAM : RAVINDRA V. GHUGE AND Y.G.KHOBRAGADE, JJ.) DATE : JUNE 20, 2024 PER COURT :

1.

Issue is as regards the acquisition that has occurred in 1977 and the Petition has been filed after 47 years. So also, the information under the RTI Act is supplied to the Petitioners, on 27.07.2009. The Petitioners were made aware that they will have to approach the Acquiring Authority, keeping in view that the adjacent land owners have already taken their compensation amounts in 1977. Yet, after 15 years, the Petitioners have approached this Court. 2.

There is no doubt that the land of any owner, cannot be taken away without following the due procedure of law and if the lands are acquired, they have a right for compensation. khs/June 2024/5804

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The Petitioners claim that a representation dated 25.04.2024, is addressed to the Deputy Collector, Land Acquisition Officer, Chatrapati Sambhaji Nagar. They pray for a decision on the same. We, therefore, direct that the said representation be dealt with by the said Authority, if it has jurisdiction to deal with such a grievance, and a decision shall be pronounced within 90 days, which shall be communicated to the Petitioners, urgently. In the event, the said Authority does not have the jurisdiction, it would take efforts to guide the Petitioners to approach the appropriate authority for the redressal of their grievance.

4.

With the above directions, this Writ Petition is disposed off. ( Y.G.KHOBRAGADE, J. ) ( RAVINDRA V. GHUGE, J.) khs/June 2024/5804