Ghansham Ramkrishna Chaudhari And Another v. The State Of Maharashtra And Others

1832.21wp (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 922 WRIT PETITION NO.1832 OF 2021 GHANSHAM RAMKRISHNA CHAUDHARI AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Mr Vijay B. Patil, Advocate for petitioners;

Ms R. P. Gaur, A.G.P. for respondent Nos.1 to 4 Mr Subhash Chillarge, Advocate for respondent No.5 CORAM : RAVINDRA V. GHUGE AND S. G. DIGE, JJ.

DATE : 13th April, 2022 PER COURT:

1.

We have considered the submissions of the learned Advocates for the respective sides.

2.

The petitioners have put forth prayer clauses (B) and (C) as under :

[B] By appropriate writ, order or direction in the like nature of writ, may please kindly be direct the respondents particularly respondent No.2 to pass afresh Award in favour of the present petitioners for their acquired land as per the provisions of Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and to pay all payments with all statutory benefits forthwith.

1832.21wp (2) [C] By appropriate writ, order or direction in the like nature of writ, may please kindly be direct the respondent Nos.3 and 4 to finalized the land record as per proposed land records of land Gat Numbers as per letter dated 22.03.2017 and for that purpose appropriate orders may kindly be passed."

3.

On the basis of the record, it is submitted that the petitioner would be satisfied, if the Director of Land Records, respondent No.3, is directed to carry out the correction as is set out in the communication dated 22/03/2017 by the Deputy Superintendent of Land Records. The further representation of the petitioners, dated 05/08/2020, at page 53 of the petition paper book, can be considered by the Special Land Acquisition Officer, respondent No.2 herein and if the law permits, a fresh award could be passed, thereafter.

4.

In view of the above, this petition is disposed off by directing respondent No.3 to deal with the documents dated 22/03/2017 at pages 51 and 52 of the petition paper book, and take effective steps as are permissible in law, on or before 31/05/2022. Thereafter, respondent No.2 would deal with the representation of the petitioners, dated 05/08/2020, as may be permissible in law and initiate appropriate steps, strictly in accordance with law and on the merits of the claims of the parties. (S. G. DIGE, J.) (RAVINDRA V. GHUGE, J.) sjk