Popat Bhikaji Bankar v. The State Of Maharashtra And Others

2025:BHC-AUG:7124-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 14594 OF 2021 POPAT BHIKAJI BANKAR

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for the Petitioner : Mr. D. B. Gaikwad AGP for Respondent Nos. 1 to 4 : Ms. P. J. Bharad ...

CORAM

:

MANGESH S. PATIL & Y. G. KHOBRAGADE, JJ.

DATE : 11.03.2025 PER COURT :

.

The petitioner has been coming with the following prayers:- A) ...

B) By an order of this Hon'ble Court, hold and declare that the land acquisition proceeding initiated pursuant to Section 4 Notification dated on 30/06/2006 on corning to the petitioner agriculture land have been lapsed. C) By issuing appropriate writ, directions or orders in the like nature, and notification dated on 30/06/2006 issued by the respondent no.3 acquiring land of the petitioner may kindly be quashed and set aside for that purpose issue necessary orders.

D) By issuing appropriate writ, directions or orders in the like 1/3

nature, respondent no.3 may kindly be directed to pass fresh award by determining the compensation as per the provision of right to fair compensation and Resettlement Act, 2013 and for that purpose issue necessary orders.

E) By an order of this Hon'ble court, direct the respondent authorities to made fresh award as per the today's market rate of the petitioner acquired land.

F) By issuing appropriate writ, directions or orders in the like nature, respondent no.3 may kindly be directed to pay rental compensation of acquired land from year 2006, as per the provision of said Act and for that purpose issue necessary orders.

G) By an order of this Hon'ble court issue appropriate directions to the respondents authorities so as to Alternatively return the possession of the agriculture land bearing Gut No.78 situated at village Bhanwadi, Tq. Gangapur, District Aurangabad to the present petitioner.

H) The respondent be kindly directed to deposit 50% toward part of compensation immediately in this Hon'ble court before final disposal of this writ petition.

2.

The learned AGP tenders across the bar written instructions received from the Special Land Acquisition Officer dated 11.03.2025. These are taken on record. This communication expressly mentions about the process for acquisition and passing of the award under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement Act, 2013 (the act 2/3

of 2013) has already begun. A notification under Section 19 has also been issued on 04.03.2025 and further committing to pass the final award under Section 23 of the Act of 2013.

3.

In light of above, the purpose of filing the writ petition stands subserved.

4.

The petition is disposed of, with liberty to the petitioner to approach again, if need arises.

(Y. G. KHOBRAGADE, J.) (MANGESH S. PATIL, J.) jhs/ 3/3