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Bombay High CourtWP/11693/2017disposed offdismissed for default

Sandu Shah Gulab Shah Died Lrs Lalashah Sandu Shah And Others v. The State Of Maharashtra And Others

2018-02-01Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Arun M. Dhavale2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 11692 OF 2017 Ladu Shah Gulab Shah .. Petitioner

Versus

The State of Maharashtra and others .. Respondents WITH WRIT PETITION NO. 11693 OF 2017 Sandu Shah Gulab Shah (Deceased) LRS Lala Shah Snadu Shah and others .. Petitioners

Versus

The State of Maharashtra and others .. Respondents Shri Dnyaneshwar B. Gaikwad, Advocate for the Petitoner. Shri A. V. Deshmukh, A.G.P. for Respondent Nos. 1 to 3. Respondent No. 4 served.

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

DATE : 1 st February, 2018 PER COURT :

1.

The learned advocate for the petitioners in both these petitions submits that the possession of the petitioners land has been taken by the respondents almost 15 years back. The notification under Section 4 of the Land Acquisition Act, 1894 was issued on 1.1.2004. No declaration under Section 6 of the

2 wp 11692.17 Land Acquisition Act, 1894 was issued and directly notice under Section 9 of the Land Acquisition Act, 1894 was issued on 20.12.2005. As yet award has not been passed. The acquisition stands lapsed.

2.

Learned A.G.P., on instructions, submits that award is not yet passed and the directions are given to the acquiring body to submit the fresh proposal if the land is to be acquired. 3.

Admittedly, award is not yet passed though the notice under Section 4 of the Land Acquisition Act, 1894 was issued in the year 2004. The said proceeding would stand lapsed. The possession of the petitioners land is also taken. 4.

In case, the respondents require the land of the petitioners, then they should initiate the acquisition proceedings within a period of three (3) months from today in accordance with The Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 and shall complete the acquisition proceedings within the period stipulated under the Act and if the respondents do not require the land then they may return the possession of the land to the petitioners. 5.

The writ petitions are accordingly disposed of. No costs. [A. M. DHAVALE, J.] [S. V. GANGAPURWALA, J.] marathe/Jan.18