Ramdas Changdeo Ugalmugale And Others v. The State Of Maharashtra Through Secretary And Others

2025:BHC-AUG:24007-DB 1 1077.WP.9146.25.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.9146 OF 2025 RAMDAS CHANGDEO UGALMUGALE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS ...

Advocate for the Petitioners : Mr. Yogeshwar L. Bidve AGP for Respondents/State : Ms. Neha B. Kamble ...

CORAM

: MANISH PITALE & Y. G. KHOBRAGADE, JJ.

DATE : 09.09.2025 PER COURT:

1.

In the present petition the grievance of the petitioner is that although the possession of their land was taken as far back as in June 2006, the Land Acquisition proceedings initiated under the old Act i.e. the Land Acquisition Act, 1894 lapsed. The petitioners had not been paid compensation for the aforesaid land.

2.

Upon notice being issued, the respondent Nos.5 and 6 have filed reply affidavit. The relevant paragraphs of the said reply reads as follows :

"3.

I say and submit that, the land of present petitioner has been acquired for public purposes of Percolation Tank-2 situated at village Wadzari (Malkachiwadi), Tq. Patoda, Dist. Beed. I say and submit that, the deponent office is acquiring body and the work of said village tank has been done under the Employment Guarantee Scheme. Initially proposal was sent according to the old Land Acquisition Act i.e. Act, 1894 and subsequently after

2 1077.WP.9146.25.odt taking all the steps the deponent office has prepared the proposal and sent to the District Collector, Beed along with the necessary documents under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The copy of covering page of proposal dated 11.07.2022 along with appendix is annexed herewith and marked as EXHIBIT 'R-1'.

4.

I say and submit that, the deponent office is the acquiring authority, has submitted the revised proposal under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 before the Collector, Beed. The Collector is the authority to raise demand and to disburse the funds to the petitioner. As per the knowledge of deponent, since the said proposal has been submitted is pending before the Collector Office."

3.

In view of the above quoted statement made in the reply affidavit, we are of the opinion that petition can be disposed of by directing the respondent No.3 - District Collector, Beed to take expeditious steps with regard to the revised proposal submitted under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The necessary steps shall be taken and the procedure shall be completed within a period of one year. 4.

The writ petition is disposed of. Pending applications, if any, also stand disposed of.

(Y. G. KHOBRAGADE, J.) (MANISH PITALE, J.) habeeb/