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Bombay High CourtWP/13371/2021disposed off

Kondiba Gundappa Pole And Others v. The State Of Maharashtra And Others

2021-12-04Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice R. N. Laddha2 pages

1 wp 13371.21

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 13371 OF 2021 Kondiba Gundappa Pole and others .. Petitioners

Versus

The State of Maharashtra and others .. Respondents Shri S. R. Bagal, Advocate h/f Shri Bharat N. Gadegaonkar, Advocate for Petitioners.

Shri S. G. Karlekar, A.G.P. for Respondent Nos. 1 to 3 CORAM :

S. V. GANGAPURWALA AND R. N. LADDHA, JJ.

DATE :

04TH DECEMBER, 2021.

FINAL ORDER :

.

Heard Mr. Bagal, the learned advocate for petitioners. The learned counsel submits that, the petitioners are owners of lands. Their lands have been acquired, however, their names are not included in the award. The learned counsel submits that, their objection is not considered on the ground that the petitioners were not in possession of the lands acquired. 2.

We have also heard the learned Assistant Government Pleader for respondent Nos. 1 to 3.

3.

For the dispute of present nature, the petitioners have remedy U/Sec. 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and

2 wp 13371.21 Resettlement Act, 2013 and it is for the petitioners to avail the said remedy. In case petitioners avail the said remedy, all contentions are kept open. The writ petition is disposed of. No costs.

[R. N. LADDHA, J.] [S. V. GANGAPURWALA, J.] bsb/Dec. 21