Shobhabai Babasaheb Bhanuse v. The State Of Maharashtra And Others

2025:BHC-AUG:7896-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 49 WRIT PETITION NO. 1869 OF 2022 SHOBHABAI BABASAHEB BHANUSE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for the Petitioner : Mr. Gaikwad Dnyaneshwar B. AGP for Respondent/s-State : Mr. A. S. Shinde. ...

CORAM : S. G. MEHARE, AND SANDIPKUMAR C. MORE, JJ.

DATE : 17.03.2025 PER COURT :- 1.

Heard the respective learned counsels.

2.

Admittedly, the lands of the petitioner were taken into possession in 2006. However, since then proceeding for acquisition of land was not proceeded.

3.

Learned AGP would submit that there were differences between the Special Land Acquisition Officer and Acquiring Body on the joint measurement report which was allegedly defective. Hence, SLAO has directed the acquiring body to pay the measurement charges and for that purpose the matter

remained pending. However, the acquiring body is ready to deposit the measurement charges within a week. If it is done, the SLAO may proceed with the process of passing the award. The matter is petty old. In such a matter, the Government should be diligent in supporting the authorities passing the award.

4.

In view thereof, we allow this writ petition in the following terms :

O R D E R

(i) The acquiring body is directed to deposit the measurement charges with respondent No.6 within a week from today.

(ii) Respondent No.6 shall initiate the measurement process within two weeks thereafter and submit the measurement report to respondent No.4 by following due procedure of law within further period of three (3) weeks.

(iii) After the measurement report is received, respondent No.4 should proceed to pass the award

according to law. The award should be passed within one year thereafter by granting an opportunity as is available under the law to the petitioner.

(SANDIPKUMAR C. MORE, J.) (S. G. MEHARE, J.) ...

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