Bajirao Ranoji Pakhare Died Through Lrs Prakash Bajirao Pakhare And Others v. The State Of Maharashtra And Ohters
*1*
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD WRIT PETITION NO.2533 OF 2021 Somsing Dhansing Lalchhote And Others
VERSUS
State Of Maharashtra And Others *** AND WRIT PETITION NO.2539 OF 2021 Subhash Tola Jadhav And Others
VERSUS
The State Of Maharashtra And Others *** AND WRIT PETITION NO.2546 OF 2021 Chandrabhaga Damu Yede And Others
VERSUS
The State Of Maharashtra And Others *** AND WRIT PETITION NO.2548 OF 2021 Balkrushna Babanrao Mahale And Others
VERSUS
The State Of Maharashtra And Others *** AND WRIT PETITION NO.2570 OF 2021 Dashrath Govinda Doke
VERSUS
The State Of Maharashtra And Others ***
*2* AND WRIT PETITION NO.5004 OF 2021 Bajirao Ranoji Pakhare Died Through Lrs Prakash Bajirao Pakhare And Others
VERSUS
The State Of Maharashtra And Ohters *** AND WRIT PETITION NO.5008 OF 2021 Shankar Shivaji Bhoyate And Others
VERSUS
The State Of Maharashtra And Others *** AND WRIT PETITION NO.5010 OF 2021 Gokulsing Bhavsing Khokad And Another
VERSUS
The State Of Maharasthra And Others *** ...
Mr.Suhas R. Shirsath, Advocate for the Petitioners Mr.D.R. Kale, Government Pleader for the Respondents/State Authorities ...
CORAM : RAVINDRA V. GHUGE & S.G. DIGE, JJ.
DATE :- 02nd May, 2022 Per Court :- 1.
In all these matters, identical prayers put forth by the
*3* petitioners pertain to the lands having been already acquired for construction of percolation tanks. The compensation has not been quantified though the notification under Section 4 of the Land Acquisition Act, 1894 has been issued. The petitioners' grievance is that those contractors, who constructed the percolation tanks, have been paid their dues as per their tenders/ bids and it is these petitioners, who are farmers and who have lost their lands, are waiting for years for payment of compensation. By and large, these petitioners have been waiting in between 13 to 15 years. 2.
Insofar as Writ Petition No.2539/2021 is concerned, we are informed that in this petition, the lands were not acquired by consent. It is a direct purchase and therefore, there are certain disputes. Within one year, going by the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short, "the 2013 Act"), the award would be passed and the compensation would be paid to the petitioner. Subject to the rights of these petitioners insofar as enhancement in compensation is concerned, they are agreeable for recording the said statement and for disposal of the writ petition. As such, Writ Petition No.2539/2021 is disposed off by recording that the award would be delivered under the 2013
*4* Act, on or before 30.04.2023. Payment would obviously be made with promptitude thereafter.
3.
Insofar as the other 07 Writ Petitions are concerned, the lands were acquired by consent. The quantification of compensation has not been done as there has been no award. Naturally, these petitioners are waiting for compensation and have, therefore, approached this Court in the last year. 4.
The learned Government Pleader submits, on instructions from the Revenue Officers present in the Court including the Divisional Commissioner, Aurangabad Division, that the amounts will have to be first received from the Secretary, Planning Authority, State of Maharashtra. Necessary papers have been put up. However, the State Government is yet to clear the budget for making payment of compensation.
5.
On this count, we deem it appropriate to issue a direction to the Secretary, Planning Authority, State of Maharashtra, to ensure that the amounts required for making payment of compensation to these petitioners, would be made available to the competent authorities, on or before 30.08.2022. Thereafter, the amounts would be disbursed to these petitioners, on or before 15.10.2022.
*5* 6.
With the above directions, these Writ Petitions stand disposed off as the petitioners are satisfied that they would be getting their compensation amounts, on or before 15.10.2022. kps (S.G. DIGE, J.) (RAVINDRA V. GHUGE, J.)