Mehabub Pasha Yakub Patel v. The Union Of India And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD WRIT PETITION NO. 9111 OF 2016 MEHABUB PASHA YAKUB PATEL

VERSUS

THE UNION OF INDIA AND OTHERS ...

Advocate for Petitioner : Mr. A.N. Nagargoje h/f. Mr. D.M. Mane And R K Shingnapure Advocate for respondent No.4/State : Mr. S.B. Pulkundwar Advocate for Union of India : Mr. S.B. Deshpande. Advocate for respondent No.2 : Mr. S.G. Manorkar.

CORAM:

R.M. BORDE AND K.K. SONAWANE, JJ.

DATED:

14TH SEPTEMBER, 2016.

ORAL ORDER :

The petitioner is seeking directions to the respondents to determine the amount of compensation in accordance with the The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to as, "the Act of 2013") and pay the same within a stipulated period. 2] It is not a matter of dispute that the award has been declared on 14.1.2015 and as such, the petitioner is entitled to claim compensation in accordance with the Act of 2013. An affidavit in reply is presented on behalf of the respondents wherein it is stated that the

respondents are ready and willing to pay the amount of compensation in accordance with the provisions of the first schedule of the Act of 2013. 3] In view of the statement made in the affidavit in reply presented on record, the respondents are directed to determine the amount of compensation in observance of the provisions of the first schedule of the Act of 2013 and pay the amount or the difference, if any, as expeditiously as possible and preferably within a period of 3 months and it is accordingly directed. Writ petition is accordingly disposed of. No costs.

( K.K. SONAWANE, J.) (R.M. BORDE, J.) grt/-