Ajinath Babasaheb Birangal And Others v. The State Of Maharashtra And Others

2025:BHC-AUG:31709-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 905 WRIT PETITION NO.10733 OF 2025 AJINATH BABASAHEB BIRANGAL AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Ms. G.R. Jagtap, Advocate h/f Mr. C.K. Shinde, Advocate for petitioners Mr. S.K. Tambe, AGP for respondent Nos.1 to 5 ...

CORAM :

SMT. VIBHA KANKANWADI & HITEN S. VENEGAVKAR, JJ.

DATE :

18th NOVEMBER, 2025 ORDER :

.

In view of order passed by this Court on 14.10.2025 additional affidavit has been filed. Here, it appears that the possession of land of petitioners was acquired by private negotiation. Now, they have come up with a case that a rental compensation under Section 80 of the Right to Fair Compensation Act, 2013 has not been given. Along with affidavit the document regarding private negotiation has been filed, which states about payment of rental compensation i.e. 6% and it appears that this document was executed on 18.12.2007, however, it is not in dispute that in the

905_WP_10733_2025 meantime the new Act of 2013 came and the Award has been passed under the same. The schedule of the same has been given in the petition. Even the possession receipt has been supplied and, therefore, now it is for respondent No.3 to take the decision. It appears that through Advocate the petitioners have filed a representation on 02.05.2025 before respondent No.3. We, therefore, dispose of the writ petition by giving directions to respondent No.3 to decide the said representation within a period of four months from today. ( HITEN S. VENEGAVKAR, J. ) ( SMT. VIBHA KANKANWADI, J. ) agd