Gopiraj Govindrao Kadam v. The State Of Maharashtr And Another

1 WP1152,1161,1164,1187,1188/17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 1152 OF 2017 Vivek S/o Vasant Kadam Petitioner V E R S U S The State of Maharashtra, Through District Collector, Latur, Dist. Latur & Ors.

Respondents Mr. S.V. Gundre, Advocate for the petitioner Mr.R.B. Bagul, A.G.P. for respondents/State WITH WRIT PETITION NO. 1161 OF 2017 Waman s/o Nanarao Kadam (Died), through Lrs, (1) Rajesaheb S/o Waman Kadam & Anr.

Petitioners V E R S U S The State of Maharashtra, Through District Collector, Latur, Dist. Latur & Ors.

Respondents WITH

2 WP1152,1161,1164,1187,1188/17 WRIT PETITION NO. 1164 OF 2017 Gopiraj S/o Govindrao Kadam Petitioner V E R S U S The State of Maharashtra, Through District Collector, Latur, Dist. Latur & Ors.

Respondents WITH WRIT PETITION NO. 1187 OF 2017 Vivek S/o Vasant Kadam Petitioner V E R S U S The State of Maharashtra, Through District Collector, Latur, Dist. Latur & Ors.

Respondents WITH WRIT PETITION NO. 1188 OF 2017 Girijappa S/o Narayan Waghmare Petitioner V E R S U S The State of Maharashtra, Through District Collector, Latur, Dist. Latur & Ors.

Respondents Mr. S.V. Gundre, Advocate for the petitioners Mr. R.B. Bagul, A.G.P. for respondent No.1/State Mr. P.R. Tandale, Advocate for respondent No.3

3 WP1152,1161,1164,1187,1188/17 CORAM : S.V.GANGAPURWALA AND K.L. WADANE, JJ.

DATE : 27th FEBRUARY, 2017 PER COURT :

1.

The Reference Petitions filed by the petitioners are allowed. The execution of the decree passed in the respective Reference Petitions is pending. In normal course, we direct the parties to avail the remedy of execution of decree. The decreetal amount is yet to be paid. The small lands of agriculturists have been affected in the land acquisition.

2.

Considering the fact that the lands of small agriculturists are acquired, the State has not paid the amount within five years. Learned A.G.P. states that the instructions from the land acquisition authorities are yet to be received. Considering the above facts and circumstances, we pass the following order :-

4 WP1152,1161,1164,1187,1188/17

O R D E R

1) The State and/or the acquiring body shall pay the amount awarded by the learned Reference Court to the petitioners expeditiously and preferably within nine months from today.

2) Writ Petitions are disposed of accordingly.

No costs.

( K.L. WADANE, J.) ( S.V. GANGAPURWALA, J. ) SRM/27/2/17