Vyankatesh Maharudra Kulkarni And Others v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 3420 OF 2018 VYANKATESH MAHARUDRA KULKARNI AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for Petitioners : Mr. A S More AGP for Respondents No. 1 to 3 : Mr. A. R. Kale Advocate for Respondent No. 4 :

Mr. Sachin Patil h/f. Mr. A. M. Gaikwad ...

CORAM: S. V. GANGAPURWALA & A. M. DHAVALE, JJ.

DATE:

th MARCH, 2019 PER COURT :

1.

The petitioners seek declaration that the acquisition process in respect of the writ land of the petitioners has lapsed in view of Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The petitioners seek payment of compensation.

2.

Respondents no. 1 to 3 have filed affidavit through Sub-Divisional Officer, Bhoom. Paragraph no. 10 of the affidavit reads thus - '...

10.

I say and submit that, on dated

2 wp 3420.18 14.03.2019 one meeting was called regarding acquisition and in said meeting representative of acquiring was present and after discussion it was finalized that, as per the provisions in New Land Acquisition Act 2013 proposal will be prepared by the Acquiring Body Executive Engineer Sina Kolegaon Project Paranda for acquisition of constructed house property of petitioners.'

3.

In the light of above, the grievance of the petitioners is taken care of by the respondents. The acquiring body shall forward the proposal of acquisition of the land, as suggested in paragraph no. 10 of the affidavit in reply filed by respondents no. 1 to 3 within a period of three

(03) months from today. Upon receipt of the proposal, the acquisition proceedings be initiated within a period of two (02) months thereafter and shall be completed within the time stipulated under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

4.

Writ Petition stands disposed of accordingly. No costs.

[A. M. DHAVALE, J.] [S. V. GANGAPURWALA, J.] marathe