Ravindra Nagappa Chiloba v. The Collector Osmanabad And Others

1 wp 8007.2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 76 WRIT PETITION NO.8007 OF 2022 RAVINDRA NAGAPPA CHILOBA

VERSUS

THE COLLECTOR OSMANABAD AND OTHERS ...

Advocate for Petitioner: Mr. Ingale Vivekanand V. AGP for Respondent/State: Mr. S. K. Tambe ...

CORAM:RAVINDRA V. GHUGE AND ARUN R. PEDNEKER, JJ.

DATE: 02nd AUGUST, 2022 PER COURT:

1.

Though the Petitioner has put-forth two substantive prayers, the learned Advocate for the Petitioner submits on instructions that his pending application dated 22.09.2021 addressed to the District Collector, Osmanabad seeking rental compensation, may be decided within a time frame. 2.

The learned AGP has strenuously opposed this Petition contending that the date of possession is not specifically set out by the Petitioner. The Award of the SLAO was delivered on 21.11.1992. The Petitioner moved LAR No.462/2004

2 wp 8007.2022 seeking enhancement and the said proceedings were decided by order dated 02.01.2010.

3.

The learned Advocate for the Petitioner submits that the possession of the land was taken on 01.01.1985. We, however, do not find the said date set out in the pleadings in the Petition. 4.

Be that as it may, the Petitioners prays that if he can make out a case for rental compensation, though he has approached this Court belatedly, he may be deprived of the compensation / interest for the period of delay. Nevertheless, he would be entitled to the compensation amount at least from the date of possession till the date of the Award.

5.

The learned AGP submits that the rental compensation can be calculated only till the date of Notification.

6.

In view of the above, this Petition is disposed off with a direction to the District Collector, Osmanabad to deal with the

3 wp 8007.2022 representation of the Petitioner dated 22.09.2021, strictly in accordance with the Rules and the law applicable. In so far as the delay is concerned, the Petitioners would not be entitled for any interest on the compensation amount for the period of delay. We expect a response from the District Collector, on or before 30.11.2022.

[ARUN R. PEDNEKER, J.] [RAVINDRA V. GHUGE, J.] marathe