Ambadas Sheshrao Tidke And Others v. The State Of Maharashtra And Others

*1* 3nobwp10363o19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.10363 OF 2019 AMBADAS SHESHRAO TIDKE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Shri R.B. Singare, Advocate for the petitioners. Shri S.R. Yadav, AGP for respondent Nos.1 to 4/ State. Shri A.S. Usmanpurkar, Advocate for Respondent Nos.5 and 6. ...

CORAM : RAVINDRA V. GHUGE & S.G. DIGE, JJ.

DATE :- 05th May, 2022 Per Court :- 1.

Not on the Board. Mentioned. Since an urgency was expressed, this matter is taken on the production board. 2.

The learned advocate for the petitioners submits, on a specific instruction, that the Acquiring Body has forwarded the proposal for acquisition to respondent No.2/ District Collector, Jalna.

3.

It is undisputed that under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013, the award is to be

*2* 3nobwp10363o19 delivered within one year by following the due procedure, from the date of receipt of the proposal.

4.

In view of the above, this Writ Petition is disposed off with the observation that the District Collector, Jalna, would proceed on the basis of the proposal, if already received, in accordance with the procedure and provisions of the 2013 Act. We expect the award to be delivered on or before 31.05.2023. 5.

In the event of the proposal having not yet reached respondent No.2, we would direct the Acquiring Body to ensure that the proposal is sent to the District Collector forthwith and in any case, on or before 20.05.2022.

6.

During the proceedings under the 2013 Act, in the event of any legal impediment occurring, the said issue is kept open.

kps (S.G. DIGE, J.) (RAVINDRA V. GHUGE, J.)