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Bombay High CourtWP/2752/2018disposed offdismissed for default

Ambadas Laxman Gaikwad v. The State Of Maharashtra And Others

2018-03-14Hon'Ble Shri Justice R. M. Borde,Hon'Ble Shri Justice K. K. Sonawane4 pages

{1}

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 2752 OF 2018 Ambadas s/o Laxman Gaikwad Petitioner Mr. D.A. Bide, advocate for petitioner.

Mr. P.K. Lakhotiya, A.G.P. for respondents.

WRIT PETITION NO. 2755 OF 2018 Suratgir s/o Shankargir Petitioner Mr. D.A. Bide, advocate for petitioner.

Mr. P.N. Kutti, A.G.P. for respondents.

WRIT PETITION NO. 2756 OF 2018 Santu Ganpat Chavan & another Petitioners Mr. D.A. Bide, advocate for petitioner.

Mr. C.S. Kulkarni, A.G.P. for respondents.

WRIT PETITION NO. 2757 OF 2018

{2} Sominath Namdev Mhaske Petitioners Mr. D.A. Bide, advocate for petitioners.

Mr. P.K. Lakhotiya, A.G.P. for respondents.

WRIT PETITION NO. 2772 OF 2018 Mohammad Hanif Maqbool Khan Petitioners Mr. D.A. Bide, advocate for petitioners.

Mr. C.S. Kulkarni, A.G.P. for respondents.

WRIT PETITION NO. 2773 OF 2018 Bapurao Radhakishan Gavander & another Petitioners Mr. D.A. Bide, advocate for petitioners.

Mr. P.K. Lakhotiya, A.G.P. for respondents.

WRIT PETITION NO. 2774 OF 2018 Kausalyabai Sitaram Zharwal Petitioners

{3} Mr. D.A. Bide, advocate for petitioners.

Mr. S.Y. Mahajan, A.G.P. for respondents.

WRIT PETITION NO. 2775 OF 2018 Tulshiram Asara Janghale Petitioner Mr. D.A. Bide, advocate for petitioner.

Mr. S.S. Dande, A.G.P. for respondents.

CORAM : R.M.BORDE & K.K. SONAWANE, JJ.

DATE : 14th MARCH, 2018 PER COURT:

Petitioners claim that possession of their landed property was taken over prior to initiation of land acquisition proceeding and, they are entitled to claim rental compensation. 2.

Petitioners tendered applications to the Collector / Sub Divisional officer to determine rental compensation. If at all, the lands belonging to petitioners have been taken over in possession for public purpose before initiation of land acquisition proceeding, petitioners shall be entitled to claim rental compensation on the amount determined under the award passed by the Land

{4} Acquisition officer so also on the enhanced amount awarded by the reference Court, if any.

3.

In the circumstances, the ends of justice would meet by issuing directions to respondents 3 and 4 to determine the amount of rental compensation payable to petitioners within specified time and by issuing further directions to respondent no. 5 to pay the same within specified period.

4.

Writ petitions are thus disposed of with direction to respondents 3 and 4 to determine the amount of rental compensation in accordance with the provisions of law as expeditiously as possible, preferably within period of four months from today and it is accordingly directed. On determination of amount of rental compensation, if petitioners are entitled to receive the amount, respondent no. 5 shall make payment of amount so determined by respondents 3 and 4 as expeditiously as possible, preferably within a period of three months from the date of such determination.

5.

With the directions as above, writ petitions are disposed of. K. K. SONAWANE R.M.BORDE JUDGE JUDGE dyb