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Bombay High CourtWP/6319/2024disposed off

Dharma Nivruti Dhere v. The State Of Maharashtra Through Special Land Acqusition Officer No.1 And Another

2024-07-25Hon'Ble The Chief Justice,Hon'Ble Shri Justice Kishore C. Sant3 pages

2024:BHC-AUG:15810-DB - 1 -

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.6319 OF 2024 Dharma s/o Nivrutti Dhere ... Petitioner

VERSUS

The State of Maharashtra & Others ... Respondents .......

Mr. A.N. Nagargoje, Advocate for Petitioner Mr. M.M. Nerlikar, A.G.P. for respondent No.1 - State Mr. Avinash D. Aghav, Advocate for respondent No.2 .......

CORAM:

DEVENDRA KUMAR UPADHYAYA, CJ. & KISHORE C. SANT, J.

DATE:

25th JULY, 2024.

P.C. :

1.

Heard learned counsel for the petitioner. Learned A.G.P. has put in appearance on behalf of respondent No.1State. On our request, Mr. Avinash D. Aghav, learned Advocate has put in appearance on behalf of respondent No.2, the Executive Engineer (Minor Irrigation), Zilla Parishad, Ahmednagar.

2.

It is alleged in the Writ Petition that, petitioner's land was acquired by taking recourse to the provisions of the

- 2 - Land Acquisition Act, 1894 and possession whereof was taken in 1984. An award was declared on 31/3/2000. However, the petitioner took recourse to reference under Section 18 of the said Act.

3.

The reference proceedings were, however, referred to Lok Adalat, where the issue between the parties was settled and the Lok Adalat, vide award dated 7/2/2011, enhanced the amount to certain extent.

4.

Grievance of the petitioner is that, despite the settlement made in Lok Adalat, the payment of amount under the award made by Lok Adalat has not yet been made to the petitioner.

5.

We cannot appreciate such situation. However, having regard to the facts and circumstances, direct that the payment in terms of award made by Lok Adalat shall be made to the petitioner within six months from the date of receipt of certified copy of this order, provided there is no other legal impediment.

6.

We may observe that, any lapse in ensuring compliance of this order may be viewed seriously by this

- 3 - Court. The Writ Petition thus stands disposed of with the above directions.

(KISHORE C. SANT, J.) (CHIEF JUSTICE) fmp/-