Khandappa Nilaappa Kore v. The Union Of India And Others

1 Sr917 WP233.2017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

BENCH AT AURANGABAD.

WRIT PETITION NO. 233 OF 2017 Khandappa S/o Nilaappa Kore ... Petitioner

VERSUS

The Union of India & Ors.

... Respondents ..........

Mr D. S. Mali, Advocate for the petitioner Mr D. G. Nagode, Advocate for respondents No. 1 and 2 Mr A. S. Shinde, AGP for respondent No. 3 .............

CORAM : S. V. GANGAPURWALA & A. M. DHAVALE, JJ.

DATE : 13TH FEBRUARY, 2018.

ORDER:

1.

Leave to correct respondent no. 2.

2.

Mr Manorkar, the learned counsel for respondent No. 2, submits that as per the joint measurement, 82 Are land owned and possessed by the petitioner is acquired and the petitioner would be entitled for compensation of 82 Are land.

3.

Mr Shinde, the learned AGP for respondent/State submits that, the amount is deposited in the Court.

2 Sr917 WP233.2017 4.

According to Mr Manorkar, the dispute in measurement is with regard to other claimants and as far as petitioner is concerned, his 82 Are land is acquired and the petitioner is entitled for compensation of 82R land.

5.

As per the joint measurement conducted by respondent no.2, the competent authority will have to pass appropriate award. The same be done as may be permissible by law, expeditiously. 6.

In light of the above, the grievance of the petitioner would not subsist. The petitioner may make an application for withdrawal of the amount and is also entitled to assail the quantum of compensation as is permissible in law.

7.

The writ petition is disposed of. No costs.

[ A. M. DHAVALE ] [ S. V. GANGAPURWALA ] JUDGE JUDGE Punde