Chima Bhoju Wadar Through Lrs Subhadrabai Chima Wadar And Others v. The State Of Maharashtra And Others

1 wp 8440.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 8440 OF 2018 CHIMA BHOJU WADAR (DEAD), THROUGH LRS SUBHADRABAI CHIMA WADAR AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioners : Mrs. Solunke Savita N. AGP for Respondents No. 1 to 5 :

Mr. K. B. Jadhavar Advocate for Respondent No. 7 : Mr. A. B. Dhongade Advocate for Respondent No. 8 : Mr. Manorkar D. S. i/b. M/s. M. V. Kini and Co.

...

CORAM: S. V. GANGAPURWALA & MANGESH S. PATIL, JJ.

DATE:

th AUGUST, 2019 PER COURT:

1.

We have heard the learned counsel for the petitioners.

The learned counsel submits that the award has been passed, however compensation is not paid to the petitioners. The respondents be directed to pay the compensation amount.

2.

Mr. Dhongade, learned counsel for the respondent submits that the final award is passed on 26.09.2014. The land acquired is from Gut

2 wp 8440.18 No. 510 / A-2 situated at Dhule. The title over the property acquired is disputed and enquiry of the said land is pending with the Divisional Commissioner and it is submitted that till the enquiry is completed the amount of compensation is not to be paid.

3.

It appears from the affidavit filed by the respondent that the enquiry is being conducted by the Divisional Commissioner, Nashik. The enquiry it appears is pending for more than 1 1⁄2 years. The enquiry ought to have been completed by now.

4.

We direct the authorities to complete the enquiry as contended in the affidavit in reply filed by the respondent within a period of six

(06) months from today. Upon conclusion of the enquiry, the further steps be taken immediately. 5.

Writ Petition is disposed of. No costs.

[MANGESH S. PATIL, J.] [S. V. GANGAPURWALA, J.] marathe