Laxman Shenfadu Dhepale And Others v. The State Of Maharashtra And Others

1 Sr954&955WP10726.2017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD.

WRIT PETITION NO. 10726 OF 2017 Mohansing S/o Bapusing Rajput & Ors.

Petitioners...

Versus

The State of Maharashtra & Ors.

Respondents...

WITH WRIT PETITION NO. 11123 OF 2017 Laxman Shenfadu Dhepale & Ors.

Petitioners...

Versus

The State of Maharashtra & Ors.

Respondents...

..........

In both matters:

Mr Vitthal B. Wayal, Advocate for the petitioners Mr V. S. Badakh, AGP for respondent/State Mr A. M. Gaikwad, Advocate for respondent No. 6 .............

CORAM : R. M. BORDE & A. M. DHAVALE, JJ.

DATE : 12TH JULY, 2018.

PER COURT:- 1.

Petitioners claim that possession of their landed property was taken over prior to initiation of land acquisition proceeding and, they are entitled to claim rental compensation.

2 Sr954&955WP10726.2017 2.

Petitioners tendered applications to the Collector / Sub Divisional officer to determine rental compensation. If at all, the lands belonging to petitioners have been taken over in possession for public purpose before initiation of land acquisition proceeding, petitioners shall be entitled to claim rental compensation on the amount determined under the award passed by the Land Acquisition officer so also on the enhanced amount awarded by the reference Court, if any.

3.

In the circumstances, the ends of justice would meet by issuing directions to respondents 3 and 4 to determine the amount of rental compensation payable to petitioners within specified time and by issuing further directions to respondent no. 5 to pay the same within specified period.

4.

Writ petitions are thus disposed of with direction to respondents 3 and 4 to determine the amount of rental compensation in accordance with the provisions of law as expeditiously as possible, preferably within period of four months from today and it is accordingly directed. On determination of amount of rental compensation, if petitioners are entitled to receive the amount, respondent no. 5 shall make payment of amount so determined by

3 Sr954&955WP10726.2017 respondents 3 and 4 as expeditiously as possible, preferably within a period of three months from the date of such determination. 5.

With the directions as above, writ petitions are disposed of. [ A. M. DHAVALE ] [ R. M. BORDE ] JUDGE JUDGE Punde