Mainawati Shivajirao Gapat v. The State Of Maharashtra And Others

{1} 17 sr. no..odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 7269 OF 2015 MAINAWATI SHIVAJIRAO GAPAT

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioner : Mr. V. D. Salunke.

AGP for Respondent No.1 : Mr. S.G. Karlekar.

Advocate for Respondent No.2 : Mr. Deepak Manorkar. . . .

CORAM : S. V. GANGAPURWALA & A. M. BADAR, JJ.

DATE : 15th FEBRUARY, 2016.

PER COURT:

1] Mr. Manorkar, learned counsel for the respondents submit that Arbitrator has already been appointed in the present matter and the petitioner can move the arbitrator for enhancement of compensation. 2] In the light of that, Mr. Salunke, learned counsel seeks leave to withdraw the writ petition with liberty to avail the remedy before the Arbitrator. Mr. Salunke, further submits that about 8 to 10 feet land has only remained after the acquisition of his land which is of no use and the respondents may acquire the remaining portion also. He further submits that a proposal to acquire the said strip of land which remained uncultivable to the petitioner has been sent for consideration to the Project Director, vide letter dated 27.7.2015. Same be considered expeditiously and preferably within 4 months from today.

3] With the observations, writ petition is disposed of as withdrawn. No costs.

[A.M. BADAR] [S.V. GANGAPURWALA] JUDGE JUDGE grt/-