Walmik Bhika Shevare And Others v. The State Of Maharashtra And Others

1 7393-15wp gr

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.7393 OF 2015 WITH WRIT PETITION NO.7665 of 2015 WITH WRIT PETITION NO.7666 OF 2015 WITH WRIT PETITION NO.7668 OF 2015 .....

Govind s/o Dubla Jadhav and others.

... Petitioners

Versus

The State of Maharashtra and others.

... Respondents.

...

Mr.Narendra R.Jamdade, Advocate for Petitioners; Mrs.S.A.Dhumal, AGP for Respondent Nos. 1 to 4; Mr.S.M.Ganachari, Advocate for Respondent No.5 in WP 7393/2015;

Mr.S.G.Bhalerao, Advocate for Respondent No.5 in WPs 7665, 7666 and 7668 of 2015.

...

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

Date: 22nd September, 2015.

Per Court:- 1) Heard. The petitioners are praying for issuance of directions to the Respondents to take a

2 7393-15wp gr decision on the application under section 28-A of the Land Acquisition Act, 1894 presented by them on 12.03.2014, within stipulated period. The judgment and award, which is the basis for redetermination of amount of compensation, appears to have been declared on 06.09.2013, whereas the application under section 28-A of the Act was tendered on 12.03.2014.

2) In the facts and circumstances of the case, these petitions can be disposed of by issuing directions to Respondent Nos.1 to 3 to take a decision on the application tendered by the Petitioners seeking re-determination of amount of compensation, as expeditiously as possible, and preferably within a period of six months from today and it is accordingly directed.

3) It would be open for the Respondents to consider the issue of limitation, while dealing with the application under section 28-A of the Act. 4) On determination of the amount of compensation, if it transpires that, the petitioners are entitled for receiving enhanced amount, Respondent No.5 the acquiring body shall disburse the

3 7393-15wp gr amount, so determined by the Respondents as expeditiously as possible, and preferably within a period of four months from such determination. 5) With the directions, as above, writ petitions are disposed of.

(P.R.BORA ) (R.M.BORDE) JUDGE JUDGE bdv/