Sonali Dada Thorat v. The State Of Maharashtra And Others

1 wp 6643.14

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 6643 OF 2014 Sonaji S/o. Dada Thorat .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Shri D. R. Jayabhar, Advocate for the Petitioner. Shri S. P. Sonpawale, A. G. P. for Respondent Nos. 1 to 3. Shri B. R. Survase, Advocate for the Respondent No. 4. CORAM : S. V. GANGAPURWALA K. K. SONAWANE, JJ.

DATE : 21ST APRIL, 2016.

PER COURT :

.

It is submitted that, the Reference was filed by the petitioner U/Sec. 18 of the Land Acquisition Act. The same was settled in Lok Adalat in the year, 2011. As per the award, the respondents were required to make the payment within six (6) months, however, as yet according to the petitioner no amount is paid.

2.

Mr. Survase, the learned counsel submits that, the Acquiring Body was not party to the compromise. On behalf of the State, Special Land Acquisition Officer signed the said compromise and after one year demand was made to the

2 wp 6643.14 respondent/acquiring body.

3.

We have heard the learned Assistant Government Pleader also.

4.

This Court vide order dated 08th October, 2014 had directed respondent Nos. 1 to 3 to deposit the amount claimed by the petitioner before the Reference Court within a period of eight

(8) weeks from the date of said order. Almost five years are lapsed from the date of settlement and as yet amount is not deposited.

5.

The compromise award is not challenged by any of the parties as yet by any of the respondent. Five years have already lapsed and the matter is pending in this Court for almost two years.

6.

Considering the above, the respondents shall deposit the amount as per the compromise arrived at in the Lok Adalat within a period of three (03) months from today before the Reference Court. The Writ Petition is accordingly disposed of. No costs.

[ K. K. SONAWANE, J. ] [ S. V. GANGAPURWALA, J. ] bsb/April 16