Maruti Ganpati Bhukan, L.Rs. Machindra And Others v. The State Of Maharashtra And Others

1 WP954.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 954 OF 2015 Maruti S/o. Ganpati Bhukan (Died), Through L. Rs., Machindra S/o. Maruti Bhukan and others .. Petitioners

Versus

The State of Maharashtra, Through Secretary of Revenue Department, Mantralay, Mumbai and others .. Respondents Shri S. L. Bhapkar, Advocate for Petitioners. Shri N. B. Patil, A. G. P. for the Respondent Nos. 1 to 3. Shri Shivaji T. Shelke, Advocate for the Respondent No. 4. CORAM : S. V. GANGAPURWALA AND K. K. SONAWANE, JJ.

DATE : 24TH JUNE, 2016.

PER COURT :- 1.

Mr. Bhapkar, the learned counsel submits that, though the possession of the petitioners land is taken way back in the year, 1983 much prior to the notification U/Sec. 4 of the Land Acquisition Act, the Respondents have not paid the amount of rental compensation to the Petitioners. The notice was also issued to the Collector, however, no cognizance is taken of the same. The learned counsel on instructions submits that, Petitioners would file a fresh application with the appropriate authority for grant of rental compensation. The same be directed to be decided expeditiously.

2 WP954.15 2.

We have heard Mr. Shelke, the learned counsel for the Respondent / Acquiring Body and the learned A. G. P. 3.

In case, the Petitioners file an application for rental compensation the authority shall decide the same in accordance with law, expeditiously and preferably within a period of six (6) months from the date of receipt of application, after hearing all parties concerned and also taking into consideration the award having passed by the Reference Court. All contentions of respective parties kept open.

4.

The Writ Petition is accordingly disposed of. No costs. [ K. K. SONAWANE, J. ] [ S. V. GANGAPURWALA, J. ] sam/June.16