Subhadrabai Pundlik Magar And Others v. The State Of Maharashtra And Others

1 26-WP8145-19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 8145 OF 2019 Subhadrabai Pundlik Magar and others .. Petitioners

Versus

The State of Maharashtra and others .. Respondents Mr. S. S. Londhe, Advocate for Petitioners.

Mr. S. G. Karlekar, AGP for Respondent Nos. 1 to 3 and 5. CORAM : S. V. GANGAPURWALA & MANGESH S. PATIL, JJ.

DATED : 16th JANUARY, 2020.

PER COURT:- .

The respondents were issued with the notice. The learned A.G.P. waived notice for respondent Nos. 1 to 3 and 5. Notice to respondent No. 4 was served, none appeared for respondent No. 4. Thereafter, this Court issued notice of final disposal to respondent No. 4. Notice of final disposal is also served upon respondent No. 4, still none appears for respondent No. 4.

2.

It is submitted that the land of the petitioners is taken in possession for construction of percolation tank at village Hilalpur and Janephal, Taluka Vaijapur, Dist. Aurangabad. The proposal was also submitted by the respondent No. 4 in the year 2004 for acquisition

2 26-WP8145-19.odt along with documents, however, the same did not proceed further. The learned counsel for the petitioners submits that the respondents are not initiating the acquisition proceedings.

3.

In case, the land of the petitioners is affected and taken in possession for construction of percolation tank, then respondent No. 4 shall forward the proposal for acquisition to the competent authority within a period of six (06) months from today. The respondent / competent authority shall thereafter issue the necessary notification within a period of three (03) months. The acquisition proceeding shall be completed within the period as stipulated under provisions of the Right to Fair Compensation and Transparency in Land Acquisition and Resettlement Act, 2013.

4.

Writ petition is disposed of. No costs.

( MANGESH S. PATIL ) ( S. V. GANGAPURWALA ) JUDGE JUDGE P.S.B.