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Bombay High CourtWP/8781/2019disposed off

Hariprasad Balkisan Ladda And Another v. The State Of Maharashtra And Others

2021-02-15Hon'Ble Shri Justice Sunil P. Deshmukh,Hon'Ble Shri Justice Abhay Ahuja2 pages

45- Writ Pettion No. 8781-2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 45 WRIT PETITION NO.8781 OF 2019 HARIPRASAD BALKISAN LADDA AND ANOTHER ...PETITIONERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ..RESPONDENTS ...

Advocate for Petitioners : Mr. Shelke Manoj U. AGP for Respondents: Mrs. G. L. Deshpande Advocate for respondents no. 3 to 5 : Mr. R. J. Nirmal ....

[ CORAM : SUNIL P. DESHMUKH AND ABHAY AHUJA, JJ .] DATE : 15th February, 2021

ORDER

While petitioners contend that their lands were sought to be acquired for percolation tank according to the then prevailing Land Acquisition Act, 1894 and have been taken into possession, yet after few stages under said statute, no further progress in respect of acquisition could take place. As such, the writ petition is moved seeking direction for acquisition of the land pursuant to the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

2.

In afdavit reply fled on behalf of respondents No. 2 and 5 it has been stated that under letter dated 26-03-2015, from the Sub Divisional Ofcer, Majalgaon (Land Acquisition Branch) to the

45- Writ Pettion No. 8781-2019.odt Executive Engineer, Minor Irrigation, Zilla Parisahd, Beed, the Executive Engineer was requested to submit proposal in respect of land of the petitioners for necessary action as per new Land Acquisition Act, 2013 and reminders were issued to the acquiring body. However, till date the acquiring body has not submitted proposal.

3.

Having regard to aforesaid, respondents no. 3 to 5 to move on pursuant to communication referred to above dated 26-03-2015 and others and submit a proper proposal and land acquisition proceeding be initiated in right earnest and be completed as early as possible preferably within a period of one year from the date of receipt of writ of this order.

4.

Writ Petition is accordingly disposed of.

[ABHAY AHUJA ] [ SUNIL P. DESHMUKH ] JUDGE JUDGE YSK/