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Bombay High CourtWP/1210/2018disposed offdismissed for default

Mohan Anandrao Sarode And Others v. The State Of Maharashtra And Others

2018-12-17Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice R. G. Avachat3 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 1210 OF 2018 Mohan Anandrao Sarode and others .. Petitioners

Versus

The State of Maharashtra and others .. Respondents Mr. Nikhilesh K. Tungar, Advocate for the Petitioners.

Mr. S. P. Tiwari, A.G.P. for the Respondent / State.

Mr. Gulab B. Rajale, Advocate for Respondent No. 5.

WITH WRIT PETITION NO. 1231 OF 2018 Ashok Raosaheb Rapate and others .. Petitioners

Versus

The State of Maharashtra and others .. Respondents Mr. Nikhilesh K. Tungar, Advocate for the Petitioners.

Mr. S. P. Tiwari, A.G.P. for the Respondent / State.

Mr. Gulab B. Rajale, Advocate for Respondent No. 5.

CORAM: S. V. GANGAPURWALA & R. G. AVACHAT, JJ.

DATE:

th DECEMBER, 2018

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1.

Mr. Tungar, learned counsel for the petitioners submits that though the possession of the petitioners land has been taken away long back in the year-1998, part of the compensation was also paid, however, subsequently award is not passed. According to the learned counsel, the respondents are duty bound to complete the acquisition proceedings in view of Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (hereinafter referred to 'Act-2013'). 2.

Mr. Rajale, the learned counsel for respondent no. 5 - acquiring body, submits that the fresh proposals are already made to the State Government for acquisition under the Act-2013. 3.

The factum that the land of the petitioners is acquired is not disputed.

4.

Part of the compensation is also paid, however, award is not passed. In view of that the

3 wp 1210+ provisions of Section 24 (1) (a) of the Act-2013 would apply.

5.

As the proposals are already submitted by the acquiring body, the competent authority shall initiate the acquisition proceedings as per the law and on the basis of the proposals of the acquiring body within a period of eight (8) weeks from today and shall complete it within time stipulated under the Act-2013.

6.

The writ petitions accordingly stand disposed of. No costs.

[R. G. AVACHAT, J.] [S. V. GANGAPURWALA, J.] marathe