Shankar Sidhijivan Deshmukha And Another v. The State Of Maharashtra And Others

1 25-WP-7654-2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 7654 OF 2018 Shankar S/o Sidhijivan Deshmukh and Ors.

...Petitioners

Versus

State of Maharashtra and Ors.

...Respondents

Mr. Aditya Barthakar, Advocate holding for Mr. A.V. Rakh, Advocate for Petitioners Mr. P.S. Patil, Additional Government Pleader for respondent Nos. 1 to 5 Mr. S.M. Vibhute, Advocate for Respondent No. 6 CORAM : S. V. GANGAPURWALA & A. M. DHAVALE, JJ.

DATE : 7th MARCH, 2019 ORAL ORDER:

1.

The learned Counsel for the petitioners submits that the petitioners are not paid rental compensation in respect of their acquired land.

2.

The rental compensation will have to be determined by appropriate authority.

3.

The petitioners may file their application for rental compensation with the appropriate authority/competent authority. On receipt of the application for rental compensation, the competent

2 25-WP-7654-2018 authority shall decide the same within a period of six months from the date of receipt of the application after hearing all the parties concerned expeditiously on its own merits.

4.

In case no appeal is filed by the State Government or the Acquiring Body as against the present petitioners, then the same will have to be decided by the competent authority in aforesaid terms. 5.

In case the competent authority determines the rental compensation payable to the petitioners, then the respondents shall pay the amount of rental compensation to the petitioners within a period of three months from the date of determination of the same. 6.

The Writ Petition is disposed of. No costs.

[ A. M. DHAVALE ] [ S. V. GANGAPURWALA ] JUDGE JUDGE mta