Mangalsingh Santokhsingh Dhadiwal And Another v. The Union Of India Through Its Secretary And Others

(1) 51-wp-8553-2022

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.8553 OF 2022 MANGALSINGH SANTOKHSINGH DHADIWAL AND ANOTHER

VERSUS

THE UNION OF INDIA THROUGH ITS SECRETARY AND OTHERS ...

Mr. Sambhaji B. Tarde, Advocate for the Petitioners. Mr. A. R. Kale, AGP for Respondents-State.

Mr. A. G. Talhar, DSG for Respondent Nos.1, 2 4 and 9. Mr. S. S. Ladda, Advocate for Respondent No.10. ...

CORAM : NITIN W. SAMBRE AND S. G. CHAPALGAONKAR, JJ.

DATE : 10th APRIL, 2023.

P.C:- 1.

Heard.

2.

At mauje Shahapur, Dist. Ahmednagar land bearing Gut No.58/1 claim to have been allotted in favour of the petitioners by the Revenue Authority viz. the Collector, Ahmednagar. The said land was subjected to the acquisition, however, final award in the matter is not yet delivered. 3.

It appears that, in relation to the aforesaid gut numbers there are parallel entries viz. the Forest Department so also that of the petitioners in the revenue record. 4.

As a sequel of the above, the petitioners have formed an opinion that their claims for compensation will be ignored by the respondents, as the part of the amount of compensation is deposited with the Forest Department.

(2) 51-wp-8553-2022 5.

We have appreciated the aforesaid factual matrix in the backdrop of the rival submissions made by the respective counsels for the parties to the petition.

6.

The Deputy Solicitor General Mr. Talhar appearing for the competent authority submits that while passing the award the claims of the petitioners viz. keeping allottees of land bearing Gut No.58/1 will be definitely considered and an appropriate consequential order shall be passed in the matter in accordance with the National Highways Act within a statutory period. 7.

In view of the aforesaid statement made by the learned counsel of the respondent-competent authority, we do not see any reason to cause interference in the petition. Writ Petition accordingly stands disposed of with liberty to the petitioners to approach afresh, in case, if fresh occasion arise. (S. G. CHAPALGAONKAR) (NITIN W. SAMBRE) JUDGE JUDGE Devendra/April-2023