Walmik Vishwanath Pawar v. The State Of Maharashtra Its Secretary And Others

9324.23wp (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 903 WRIT PETITION NO.9324 OF 2023 WALMIK VISHWANATH PAWAR

VERSUS

THE STATE OF MAHARASHTRA, thr. ITS SECRETARY AND OTHERS ....

Mr Umesh Bodkhe Patil, Advocate for Petitioner; Mr P. S. Patil, A.G.P. for Respondent Nos.1, 2 & 4 Mr S. G. Karlekar, Advocate for Respondent No.3 CORAM : RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.

DATE : 30th August, 2023 PER COURT:

1.

The Petitioner has put forth prayer clauses (B) and (C) as under :- "B) The Writ Petition may kindly be allowed and respondent authorities may kindly be directed to act upon their own corresponding letter dated 14/11/2008 and 23/12/2022 thereby carrying out fresh joint measurement report in respect of right canal no.1 passing through village Borsar(B), Tq. Kannad, Dist. Aurangabad as expeditiously as possible.

C) The Writ Petition may kindly be allowed and respondent authority may kindly be directed to initiate the land acquisition proceeding for the land affected due to the construction of right canal no.9 situated at village Borsar, tq. Kanad, Dist. Aurangabad in view of the provisos of right

9324.23wp (2) to fair compensation and transparency in land acquisition, rehabilitation and resettlement Act, 2013."

2.

The Deputy Commissioner (Rehabilitation), Aurangabad has addressed the District Collector ((Rehabilitation), Aurangabad, vide his letter dated 23/12/2022. The only request put forth by the Petitioner is that, the said communication be taken to a logical end.

3.

In view of the above, this Writ Petition is disposed off. The Respondent Authorities shall initiate steps as may be permissible in law in the light of the communication dated 23/12/2022 by following the due procedure under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and conclude the issue strictly in accordance with law and within the timeline as may be prescribed thereunder.

(Y. G. KHOBRAGADE, J.) (RAVINDRA V. GHUGE, J.) sjk