Daivshala Kachru Dugane And Another v. The State Of Maharashtra Through Principal Secretary And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 180 WRIT PETITION NO.10345 OF 2022 DAIVSHALA KACHRU DUGANE AND ANOTHER

VERSUS

THE STATE OF MAHARASHTRA THROUGH PRINCIPAL SECRETARY AND OTHERS ...

Advocate for Petitioners : Mr. V.H. Solanke h/f Mr. V.M. Humbe AGP for Respondents 1 to 3: Mrs. R.P. Gour Advocate for Respondent No.4 : Mr. B.R. Surwase .....

CORAM : RAVINDRA V. GHUGE AND SANJAY A. DESHMUKH, JJ.

DATED : 13th OCTOBER, 2022.

PER COURT :- 1.

The petitioners pray that this court should ensure that the compensation amount, determined under Section 28A of the Land Acquisition Act, 1894, vide award dated 28.01.2021, should be recovered from the authorities.

2.

Considering the law laid down in Civil Appeal No. 5256 of 2022, National Highways Authority of India vs. Sheetal Jaidev Vade and others, vide judgment dated 24.8.2022, delivered by the Hon'ble Supreme court, we are not inclined to entertain this petition. However, respondent No.4 has placed a communication before us dated 13.10.2022, addressed to the learned advocate, stating therein that the amount would be paid within six months. A copy of the said

wp10345.22 -2communication is taken on record and marked as "X" for identification.

3.

In the light of the said statement, this petition is disposed off. (SANJAY A. DESHMUKH, J.) (RAVINDRA V. GHUGE , J.) rlj/