Nimesh Bhalchandra Patil v. The State Of Maharashtra And Others

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 1995 OF 2019 Nimesh S/o Bhalchandra Patil Age: 21 years, Occu: Agriculture & Business R/o Jalgaon Tq. & Dist.Jalgaon ..PETITIONER

VERSUS

1.

The State of Maharashtra Through its Secretary Government of Maharashtra Industries and Labour Department, Mantralaya, Mumbai-32.

2.

The District Collector, Aurangabad 3.

The Chief Executive Engineer M.I.D.C., Mumbai -93 4.

The Sub-Divisional Officer/ Land Acquisition Officer, Paithan-Phulambri Head Quarter, Aurangabad ..RESPONDENTS Mr P. B. Rakhunde, Advocate for petitioner;

Mrs V. N. Patil - Jadhav, A.G.P. for respondent Nos.1,2 & 4 CORAM : PRASANNA B. VARALE AND NITIN W. SAMBRE, JJ.

DATE : 27th March, 2019

(2) ORAL ORDER:

Heard Mr Rakhunde, learned Counsel appearing on behalf of the petitioner.

2.

It may not be necessary for us to refer to the facts in detail, suffice to say that the petitioner has raised an objection before the competent authority i.e the Sub-Divisional Officer/Land Acquisition Officer, PaithanPhulambri, Headquarters at Aurangabad. It is the submission of the petitioner that the petitioner is having certain rights in the property which is acquired. It is further the submission that as per the provisions of the Maharashtra Industrial Development Act, the authority, namely, the SubDivisional Officer, on receiving objections seeking apportionment of the compensation is to refer the matter to the competent Civil Court. However, the objection submitted by the petitioner is pending without there being any order of the authority.

3.

This being a limited grievance, we deem it appropriate to dispose of the petition at the admission stage.

4.

Notice made returnable forthwith.

5.

Learned A.G.P. who appears for respondent Nos.1, 2 & 4, on instructions from respondent No.4 submitted that respondent No.4 would pass appropriate orders on the objection filed by the petitioner as per the

(3) provisions of the Act. Accepting this statement, the petition is disposed of. (NITIN W. SAMBRE, J.) (PRASANNA B. VARALE, J.) amj