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Bombay High CourtWP/1623/2021disposed off

Ramesh Dhondiram Pawar And Others v. The State Of Maharashtra And Others

2021-09-21Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice R. N. Laddha2 pages

(1) 1011-wp-1623-2021

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1011 WRIT PETITION NO.1623 OF 2021 RAMESH DHONDIRAM PAWAR AND OTHERS ..PETITIONERS

VERSUS

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

Mr. Sandeep N. Lute, Advocate for the Petitioners. Mrs. V. N. Patil-Jadhav, AGP for Respondents-State. ...

CORAM : S. V. GANGAPURWALA & R. N. LADDHA, JJ.

DATED : 21st SEPTEMBER, 2021.

PER COURT:- 1.

The grievance of petitioners is that, the Notification under Section 4 of the Land Acquisition Act issued earlier. No steps for acquisition are undertaken.

2.

The respondent no.4 has filed affidavit.

As per the affidavit, the joint measurement was carried out on 27.07.2012 and the proposal for acquisition was also sent. Subsequently, it was noticed that, there are serious lacuna in the joint measurement report and there is difficulty in submitting the fresh proposal for acquisition. The letter has been written to the office of the Deputy Superintendent of Land Record to correct the joint measurement report. The petitioners are also directed to submit the documents regarding the legal heirs and their ownership and how their names are recorded in the 7/12 extract. On 17.08.2021 the letter has been issued to petitioners to submit the documents about the legal heirs.

(2) 1011-wp-1623-2021 3.

Under letter dated 02.09.2021 issued to the Deputy Superintendent of Land Record directions are given for re-measurement and to correct the Annexure-16 and the measurement map.

4.

It is high time the process is undertaken.

The petitioners shall submit all the documents sought for by the Authorities from petitioners preferably within a period of one month. The remeasurement shall be carried out by the Deputy Superintendent of Land Record as per the letter of respondent no.4 preferably within a period of three months. After receipt of all the documents from petitioners and re-measurement report, the proposal shall be submitted by respondent no.4 for acquisition of the property preferably within a period of four months thereafter and the acquisition proceedings shall be concluded within the time stipulated under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

5.

With the aforesaid observations and directions, writ petition is disposed of. No costs.

(R. N. LADDHA) (S. V. GANGAPURWALA) JUDGE JUDGE Devendra/September-2021