Pandurang Maroti Kharmate v. The State Of Maharashtra Through Secretary And Others

2024:BHC-AUG:13968-DB *1* 13wp6833o24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 13 WRIT PETITION NO. 6833 OF 2024 PANDURANG MAROTI KHARMATE

VERSUS

THE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS ...

Shri Bhosale Santosh B., Advocate for the Petitioner. Shri B.M. Dhanure, AGP for Respondent Nos.1 to 4 and 7/State. Shri P.D. Suryawanshi, Advocate for Respondent No.5. ...

CORAM : RAVINDRA V. GHUGE & Y. G. KHOBRAGADE, JJ.

DATE :- 08th July, 2024 Per Court :- 1.

The Petitioner's land has been acquired and the possession has been taken in 2005. A Percolation tank, has been completed. The contractor has been paid the dues. It is only the land loser like the Petitioner, who has not been paid any amounts. 2.

The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short, "the 2013 Act"), gives better rights to the land owners. In this matter, a fresh proposal filed by the Acquiring

*2* 13wp6833o24 Body is pending with the District Collector, Beed. 3.

In view of the above, this Writ Petition is disposed off with the following directions :- (a) The pending proposal shall be cleared on or before 31.08.2024.

(b) The provisions under the 2013 Act shall be followed and the acquisition proceedings shall be completed on or before 31.08.2025.

(c) Payments of compensation amounts shall be made on or before 31.10.2025.

(d) If the consent terms are arrived at, 80% of the amount as is prescribed by the 2013 Act, shall be deposited at the earliest and the same shall be disbursed to the land losers if there is no legal impediment.

kps (Y. G. KHOBRAGADE, J.) (RAVINDRA V. GHUGE, J.)