Rajesh Shantilal Lalwani And Others v. The State Of Maharashtra And Others

(Order) (1) W.P. No. 07305 of 2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

AURANGABAD BENCH, AT AURANGABAD.

Writ Petition No. 07305 of 2018 District : Jalgaon

1. Rajesh Shantilal Lalwani, Age : 64 years, Occupation : Business, R/o. 56, Devdarshan Apartment, Behind Onkareshwar Mandir, Jainagar, Jalgaon, District Jalgaon.

2. Ravindra Suresh Harpe, Age : 51 years, Occupation : Business, R/o. 56, Devdarshan Apartment, Behind Onkareshwar Mandir, Jainagar, Jalgaon, District Jalgaon.

3. Sau. Manisha Nitin Jain, Age : 42 years, Occupation : Household, R/o. 56, Devdarshan Apartment, Behind Onkareshwar Mandir, Jainagar, Jalgaon, .. Petitioners District Jalgaon.

versus

1. The State of Maharashtra, Through its Principal Secretary, Urban Development Department, Mantralaya, Mumbai.

2. The Director of Town Planning, Maharashtra State, Pune, Central Office Building, Near Railway Station, Pune, District Pune.

(Order) (2) W.P. No. 07305 of 2018

3. Joint Director of Town Planning, Nashik Division, Nashik, Administrative Building, Commissionerate Office Compound, Nashik Road, District Nashik.

4. The Assistant Director of Town Planning, Jalgaon, Old B.J. Market, D-Hall, Jalgaon, District Jalgaon.

5. The Municipal Council, Dharangaon, Through its Chief Officer, Municipal Council, Dharangaon, Taluka Dharangaon, District Jalgaon.

6. The Collector, Jalgaon, Jalgaon, Dist. Jalgaon.

7. The Special Land Acquisition Officer, Jalgaon, Office of District Collectorate, .. Respondents Jalgaon, District Jalgaon.

...........

Mr. Girish S. Rane, Advocate, for the petitioners. Mr. V.M. Kagne, Assistant Government Pleader, for respondent nos.01 to 04, 06 and 07.

Mr. U.S. Malte, Advocate, for respondent no.05. ...........

CORAM : S.V. GANGAPURWALA & SMT. VIBHA KANKANWADI, JJ.

DATE : 14TH OCTOBER 2019

(Order) (3) W.P. No. 07305 of 2018 ORAL ORDER :

01.

Affidavit is filed by respondent nos.01 to 04 to the effect that the Assistant Director of Town Planning, Jalgaon and Joint Director of Town Planning, Nashik, have under respective letters informed respondent no.05 to submit land acquisition proposal of the suit land within the time stipulated under Section 49 of the Maharashtra Regional & Town Planning Act.

It is further averred in the affidavit, that it is brought to the notice of respondent no.05, that if the process is not followed within stipulated period, then the reservation would lapse and respondent no.05 would be responsible for the same.

02.

Mr. G.S. Rane, learned Counsel for the petitioners, submits that now joint measurement has been conducted on 24th June 2019. Municipal Council has also forwarded proposal for acquisition to the Collector, Jalgaon, on 26-10-2017 and in the annexure 'A' to their proposal, it is specifically stated that they have allotted funds for acquisition.

03.

In the light of above, the respondents have commenced the acquisition proceedings.

The respondents shall conclude the acquisition proceedings within the time stipulated under the Right to Fair Compensation and Transparency in Land

(Order) (4) W.P. No. 07305 of 2018 Acquisition, Rehabilitation and Resettlement Act, 2013. The first notification shall be issued within a period of three months from today.

04.

With the above directions, the writ petition is disposed of.

( Smt. Vibha Kankanwadi ) ( S.V. Gangapurwala ) JUDGE JUDGE ...........

puranik / WP7305.18