Dalsingh Puna Bhagure And Others v. The State Of Maharashtra And Others

1 WP-11072.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 11072 OF 2015 Dalsingh Puna Bhagure and others ...PETITIONERS versus State of Maharashtra and others ...RESPONDENTS .....

Mr. V.R. Deshmukh, Advocate holding for Mr. A.B. Kale, Advocate for petitioners Mr. N.B. Patil, AGP for respondents No. 1 to 3 Mrs. Chaitali Kutti, Advocate for respondent No. 4 .....

CORAM : S. V. GANGAPURWALA AND K.K. SONAWANE, JJ.

DATED : 18th JULY, 2016.

Order :-

1. Heard Mr. Deshmukh, learned counsel for the petitioners, Mr. N.B. Patil, learned Assistant Government Pleader for respondent No. 1 to 3 and Mrs. Kutti learned counsel for respondent No. 4 - acquiring body. 2.

Grievance of the petitioners is that possession of the land has been taken by respondents - authorities long back in the year 1997, however, no award has been passed yet. Initially, notifications under section 4 of the Land Acquisition Act, 1894 (for short "Act of 1894") and subsequently under section 9 of the Act of 1894 were issued in the year 1999. Thereafter, no steps are taken. Affidavit is filed by the respondent No. 3 stating that process under the provisions of Right to Fair Compensation and Transparency in Land Acquisition Rehabilitation and Resettlement Act, 2013(for short "Act of 2013) has been

2 WP-11072.15 undertaken. It has been stated that within two months of publication of notification under section 11 of the Act of 1894, valuation of the property shall be done.

3.

Respondents - authorities shall initiate acquisition proceedings under the provisions of Act of 2013, as expeditiously as possible, preferably within a period of three months from the date of order and shall complete all the proceedings within the period as stipulated in the Act of 2013.

4.

Writ petition stands disposed of. No costs.

Sd/- Sd/- [ K. K. SONAWANE, J.] [S. V. GANGAPURWALA, J.] MTK