Chandu Bhau Kale And Others v. The State Of Maharashtra And Others

W.P.No.10790/2017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD WRIT PETITION NO.10790 OF 2017 Chandu s/o Bhau Kale and ors.

.. Petitioners

Versus

The State of Maharashtra and ors.

.. Respondents Mr S.L. Bhapkar, Advocate for petitioners Mr P.S. Patil, A.G.P. for respondents no.1 to 3 CORAM : R.M. BORDE AND A.M. DHAVALE, JJ.

DATE : 14th June 2018 PER COURT 1.

The petitioners claim that the respondents have taken possession of agricultural property belonging to the petitioners for construction of a village tank without observing the procedure prescribed under the Land Acquisition Act and without declaring the award or payment of amount of compensation to the claimants. 2.

It is further contended that on 11.8.2008, notification under Section 4 of the Land Acquisition Act was issued which was followed by a notice under Section 9, issued on 26.5.2010. The petitioners contend that though the possession of the property has been taken over long back and the construction of the village tank over the acquired property is already complete, the respondents could not determine the amount of compensation. In the circumstances, this petition can be disposed of by directing respondents no.2 and 3 to complete the acquisition proceedings in respect of the land belonging to the petitioner taken in possession, as expeditiously as possible, preferably within a period of six months from today and it is

W.P.No.10790/2017 accordingly directed. The respondents to declare the award as per the provisions of 2013 Act.

3.

On declaration of award, the respondents no.1 to 4 shall ensure payment of compensation to all the petitioners, as expeditiously as possible and preferably within a period of three months from the date of declaration of award.

4.

With these directions Writ Petition stands disposed of. No costs. ( A.M. DHAVALE, J.) ( R.M. BORDE, J.) vvr