Timbak Rakhmaji Wandhare And Others v. The State Of Maharashtra And Others

(1) 76-wp-10147-2018

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 76 WRIT PETITION NO.10147 OF 2018 TIMBAK RAKHMAJI WANDHARE AND OTHERS ..PETITIONERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ..RESPONDENTS ...

Mr. Manoj Patil h/f Mr. Chandrakant K. Shinde, Advocate for the Petitioners.

Mr. A. R. Kale, AGP for Respondents-State.

...

CORAM : S. V. GANGAPURWALA & MANGESH S. PATIL, JJ.

DATED : 04th JUNE, 2019.

PER COURT:- 1.

The learned counsel for petitioners submits that the land of the petitioner bearing Survey Nos. 322 and 325 was taken by private negotiation and construction of the project is completed in the year 2004. On or about 21.07.2011 the Special Land Acquisition Officer sought joint measurement from T.I.L.R., Ashti. However, no further process has been undertaken.

The representation was also made on 04.08.2018.

2.

The learned A.G.P. on instructions submits that the record is not traced out and is not aware whether the acquisition proceedings have been taken up further. The learned A.G.P. however, accepts

(2) 76-wp-10147-2018 that the land of petitioners has been used for construction of village stand.

3.

In case, land of the petitioner bearing Survey Nos.322 and 325 at village Pandhari, Tal. Ashti, Dist. Beed has been taken in possession by the respondent for the construction of the percolation tank and no amount of compensation has been paid to the petitioner, then the respondents shall initiate acquisition proceedings of the same within a period of six months from today and shall complete it within the time stipulated under the Right to Fair Compensation Act, 2013.

4.

Writ Petition is disposed of. No costs.

(MANGESH S. PATIL) (S. V. GANGAPURWALA) JUDGE JUDGE Devendra/June-19