Maruti Limbaji Kakde And Others v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.7397 OF 2015 Maruti s/o Limbaji Kakde & others Petitioners

Versus

State of Maharashtra & others Respondents Mr.S.S.Choudhary, advocate for petitioners.

Mrs.A.V.Gondhalekar, AGP for Respondents No.1 to 3 & 5 to 8. Mr.S.S.Dande, advocate for Respondent No.4.

CORAM : R.M.BORDE & P.R.BORA, JJ.

DATE : 23rd March, 2016 PER COURT:

The factum of acquisition of property and declaration of consent award is not a matter of dispute. Learned Counsel for the petitioners states that there are standing crops in the land and Respondent-authorities are making haste to take possession of the property. If, at all, contention of the petitioners is correct, the authorities are expected to adopt appropriate procedure prescribed in law while taking possession of the landed property. Learned A.G.P., appearing for Respondent-State as well as learned Counsel representing the Maharashtra Industrial Development Corporation, on instructions, state that if, at all, there are standing crops in the landed property, appropriate

{2} wp739715.odt procedure, prescribed in law, would be adopted and petitioners would not be dispossessed without following procedure prescribed in law.

In view of the statement made above, grievance raised by petitioners, in the instant petition, stands redressed. Writ Petition disposed of. Pending Civil Applications do not survive and stand disposed of.

P.R.BORA R.M.BORDE JUDGE JUDGE adb/wp739715