Rangnath Tulshiram Thoge Died Lrs Babasaheb Rangnath Thoge And Others v. The State Of Maharashtra And Others

( 1 )

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.11549 OF 2016 Rangnath Tulshiram Thoge died ..

Petitioners Lrs. Babasaheb Rangnath Thoge and others

Versus

The State of Maharashtra ..

Respondents and others Mr.Punit S. Mehta, Advocate for the petitioner Mr.S.G.Karlekar, AGP for the respondent/State Mr.V.C.Solshe, Advocate for respondent No.4 WITH WRIT PETITION NO.11579 OF 2016 Sakhubai Uttamrao Doifode ..

Petitioners and others

Versus

The State of Maharashtra ..

Respondents and others Mr.Punit S. Mehta, Advocate for the petitioner Mr.A.V.Deshmukh, AGP for the respondent/State Mr.V.C.Solshe, Advocate for respondent No.4 WITH WRIT PETITION NO.11580 OF 2016 Laxman Ramnath Ghayal ..

Petitioners and others

( 2 )

Versus

The State of Maharashtra ..

Respondents and others Mr.Punit S. Mehta, Advocate for the petitioner Mr.A.V.Deshmukh, AGP for the respondent/State Mr.V.C.Solshe, Advocate for respondent No.4 WITH WRIT PETITION NO.11595 OF 2016 Devidas Tukaram Shejule ..

Petitioners and others

Versus

The State of Maharashtra ..

Respondents and others Mr.Punit S. Mehta, Advocate for the petitioner Mr.A.V.Deshmukh, AGP for the respondent/State Mr.V.C.Solshe, Advocate for respondent No.4 CORAM : R.M. BORDE & S.M. GAVHANE, JJ.

DATED :

29.08.2017 P.C. :- .

The acquiring body has presented an affidavit and in paragraph No.9 of the reply, it is stated as below:- "9.

The respondent No.4 humbly submits that sanctioning of rent for the acquired lands is in process. It is further stated that rent

( 3 ) for the lands taken in possession is paid up to March 2013 and as per the availability of the funds, acquisition of lands of owners coming under Km.11 to 37 total adm. 111.59 hectors would be acquired either under the new acquisition act or as per the guidelines issued by the State Government. The respondent No.4 further humbly submits that after the possession of the lands canal alignment mark was carried and very minor dugout work was done for want of fund and hence must of the lands nature is still unaffected."

2.

In view of the submissions made in paragraph No. 9 as stated above the grievance raised by the petitioner in the instant petition substantially stands redressed. 3.

Learned counsel appearing for the respondent acquiring body states on instructions that appropriate proposal with the consent of the petitioner would be submitted to the State Government within a period of six months from today. If the petitioners or any agriculturist do not give consent for the rates prescribed by the acquiring body appropriate proceedings would be taken up under the provisions of the Act of 2013. After presentation of the proposal to the Collector as stated by the learned AGP, appropriate decision would be taken within a period of two months from the date of receipt of proposal and thereafter within a period of four months the amount of compensation determined by the

( 4 ) Authorities would be paid to the land owners. 4.

In view of the statement made as above, the writ petition stands disposed of.

[S.M. GAVHANE, J.] [R.M. BORDE, J.] / VishalK wp11549.16