Pitambar Purushottam Bonde And Others v. The State Of Maharashtra Through Its Secretary And Others

2025:BHC-AUG:9788-DB :: 1 ::

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.11328 OF 2022 Shri Pitambar s/o Purushottam Bonde and Others ... PETITIONERS

VERSUS

The State of Maharashtra & ors.

... RESPONDENTS .......

Mr. S.P. Tiwari, Advocate holding for Mr. Y.B. Bolkar, Advocate for petitioners Mr. S.K. Tambe, A.G.P. for R.No.1 to 3 Mr. A.D. Pawar, Advocate for R.No.4 .......

CORAM : R.G. AVACHAT AND PRAFULLA S. KHUBALKAR, JJ.

DATE : 28th MARCH, 2025 ORAL ORDER (PER : KHUBALKAR, J.):

Leave to amend the cause title and to add Gut Numbers of land in prayer clauses is granted. Amendment to be carried out within four weeks.

2.

Heard learned counsel for the petitioners, learned A.G.P. for respondents No.1 to 3 and learned counsel for

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respondents No.4 and 5.

3.

The petitioners have filed the instant petition seeking direction for grant of rental compensation with interest and for directions to the respondent authorities to pass the award under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition Act, 2013. 4.

The petitioners' contention is that, they are owners of lands bearing Gut Nos.1380, 890, 1373, 1433 and 1117, situated at Hingona, Taluka Yawal, District Jalgaon. The petitioners contend that, possession of their lands was taken in the year 2006 for the project by name, construction of Mor Medium Project, Sub-Division, Hingona, Taluka Yawal, District Jalgaon. However, till today the process of acquisition is not completed and they are deprived of their legitimate right for compensation.

5.

Learned counsel for respondents No.4 and 5 submits that, for the purpose of the project, necessary funds are yet to be released from the Government. He submits that, the demand for an amount of Rs.10,70,00,000/- (Rupees Ten

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Crores Seventy Lakhs) is already submitted to the Government. Taking note of this submission, we dispose of this petition with directions to the respondents No.4 and 5 to complete the process of acquisition in accordance with the timeline prescribed under the Right to Fair Compensation and Transparency in Land Acquisition Act, 2013. Entitlement of petitioners for compensation, if any, shall also be decided. The Writ Petition stands disposed of accordingly. (PRAFULLA S. KHUBALKAR, J.) (R.G. AVACHAT, J.) fmp/-