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Bombay High CourtWP/11050/2019disposed off

Prabhu Santram Pawal And Others v. The State Of Maharashtra And Others

2021-08-10Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice R. N. Laddha3 pages

1 979-wp 11050-19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 11050 OF 2019 Prabhu Santram Pawal and others .. Petitioners

Versus

The State of Maharashtra and others .. Respondents Mr. S. B. Choudhari, Advocate for the Petitioners. Mr. S. G. Karlekar, AGP for Respondent Nos. 1 to 5. Mr. A. D. Gade, Advocate for Respondent No. 6. WITH WRIT PETITION NO. 11051 OF 2019 Babu Aba Maharnawar .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Mr. S. B. Choudhari, Advocate for the Petitioner. Mr. S. G. Karlekar, AGP for Respondent Nos. 1 to 5. WITH WRIT PETITION NO. 11049 OF 2019 Appa Shrirang Sadgar and others .. Petitioners

Versus

The State of Maharashtra and others .. Respondents Mr. S. B. Choudhari, Advocate for the Petitioners. Mr. S. G. Karlekar, AGP for Respondent Nos. 1 to 5. Mr. A. D. Gade, Advocate for Respondent No. 6. CORAM : S. V. GANGAPURWALA & R. N. LADDHA, JJ.

DATED : 10th AUGUST, 2021.

2 979-wp 11050-19.odt PER COURT:- .

Mr. Choudhari, learned counsel for the petitioners submits that more than four years have lapsed, the amount awarded in the Lok Adalat is not paid to the petitioners.

2.

We had earlier under order dated 24.09.2020 directed the respondents to deposit the amount within a period of six (06) weeks. The said order is also not complied with. This Court from time to time gave directions to disburse the amount, despite, no progress is made. On 12.01.2021, this Court recorded the statement of the learned A.G.P. in presence of the concerned officials that the disbursement of the amount would take place within a period of two (02) weeks. Though seven months have lapsed after the said statement was made, the amount is not yet disbursed to the petitioners. 3.

The State and the acquiring body are required to honour the commitment made in the settlement arrived at before the Lok Adalat. From time to time statements are made about disbursal of the amount to be disbursed to the petitioners, but actual payment is not made to the petitioners as yet. The purpose of settlement in the Lok Adalat is not fructified because of the lethargy on the part of the respondents. The respondents were supposed to pay compensation within a period of

3 979-wp 11050-19.odt six (06) months from the settlement arrived at before the Lok Adalat. 4.

We direct the respondents to make payment to the petitioners as per the settlement arrived at before the Lok Adalat within a period of two (02) months from today. Failure to make the payment within a period of two (02) months from today would entail action of contempt against the authorities.

5.

With the aforesaid observations, writ petitions are disposed of. No costs.

( R. N. LADDHA ) ( S. V. GANGAPURWALA ) JUDGE JUDGE P.S.B.