Sahebchand Uttamchand Jain And Others v. The State Of Maharashtra Through Its Secretary And Others
69-WP-7220-2023.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD WRIT PETITION NO.7220 OF 2023 SAHEBCHAND UTTAMCHAND JAIN AND OTHERS
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS ....
Mr. V. P. Patil, Advocate for Petitioners Mr. S. G. Karlekar, AGP for Respondents - State ....
CORAM :RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.
DATE:04.07.2023 PER COURT :- 1.
The Petitioners are the owners of land admeasuring 3 Hectares and 73 R, in total. Respondent Nos. 4 and 5 have acquired lands of these petitioners only to the extent of 68 R. 3 Hectares and 5 R are still available with the Petitioners. Their grievance is that the entire land must be acquired and the award with regard to the acquired land of 68 R dated 14.11.2022, be quashed and set aside.
2.
The learned Advocate for the Petitioners submits that the Petitioners have gathered knowledge that Respondent Nos.4 and 5 are desirous of indulging in private negotiations with the Petitioners.
(( 2 )) 69-WP-7220-2023 3.
The Petitioners submit that the lands available with these Petitioners are presently submerged in the backwaters of the Sulwade-Jamphal-Kanoli dam, which is constructed by the Irrigation Department.
4.
The learned Advocate for the Petitioners places on record a communication dated 30.06.2023 issued by the District Collector, Dhule, addressed to the Sub Divisional Officer in the light of Respondent Nos. 4 and 5 being desirous of acquiring the entire land. The said letter is taken on record and marked as "X" for identification. 5.
In view of the above, this petition is disposed off. All grounds are kept open. In the event, a proposal is prepared for the acquisition of the said remainder land, the authorities shall ensure that the proceedings are completed within the time frame as is prescribed in the Right to Fair Compensation And Transparency In Land Acquisition, Rehabilitation And Resettlement Act, 2013. [ Y. G. KHOBRAGADE, J. ] [ RAVINDRA V. GHUGE, J. ] SMS