Bombay High CourtWP/8712/2015disposed offdismissed for default

Prakash Namdeo Shitole And Others v. The State Of Maharashtra And Others

2016-02-22Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice A.M. Badar2 pages

{1} 27 sr. no..odt

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 8712 OF 2015 PRAKASH NAMDEO SHITOLE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioners : Mr. Abhijit B. Kale. AGP for Respondent Nos.1 to 4 & 6 : Mrs. M.A. Deshpande. Advocate for Respondent No.5 : Mr. S.V. Adwant. . . .

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

DATE : 22nd FEBRUARY, 2016.

PER COURT:

1] Mr. Kale, learned counsel for the petitioners state that the petitioners had filed references under Section 18 of the Land Acquisition Act against the present respondents. Said references were settled in the Lok Adalat in the year 2013. However, till date respondents have not made payment as per the award passed in the Lok Adalat. 2] Mr. Adwant, learned counsel for the Acquiring Body submits that the petitioner has filed copy of the settlement/award before the Lok Adalat only in respect of petitioner No.1. There is no record to ascertain the claims of the petitioner Nos. 2 to 7. As far as the petitioner No.1 is concerned, the Acquiring Body has filed an affidavit to the effect that the same will be paid within a period of 3 months. We have heard the learned AGP as well. 3] It appears that the SDO has made a demand with the Acquiring Body for payment of amount as per the award passed in the Lok Adalat in respect of the various references. A copy of the award/settlement in respect of the petitioner No.1 before the Lok Adalat is filed on record.

{2} 27 sr. no..odt 4] Petitioners shall file copies of all the awards in respect of the petitioners with the Acquiring Body. The Acquiring Body, on receipt of such awards, shall make payment to the petitioners as per the award passed by the Lok Adalat, (copies of which would be submitted to it) expeditiously and preferably within 4 moths from the date of receipt of copies of award. Writ petition is accordingly disposed of. No costs. [A.M. BADAR] [S.V. GANGAPURWALA] JUDGE JUDGE grt/-