Karbhari S/O Haribhau Sanap v. The State Of Maharashtra Through Its Secretary, Water Resources Department
2024:BHC-AUG:11912-DB 915-CA-2469-2024,CP-818-23.odt
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD CIVIL APPLICATION NO. 2469 OF 2024 WITH CONTEMPT PETITION NO. 818 OF 2023 KARBHARI HARIBHAU SANAP
VERSUS
THE STATE OF MAHARASHTRA ....
Mr. S. B. Bhosale, Advocate for Applicant / Petitioner Mr. B. M. Dhanure, AGP for Respondent Nos. 1 to 5 - State ....
CORAM : RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.
DATE : 21.06.2024 PER COURT :- 1.
The original Petitioner No.3 has passed away. The learned Advocate for the Petitioners submits on instructions that the statement of the learned AGP that the writ order has been complied with, is correct. An amount of Rs.10 Lakhs per Acre was directed to be deposited in the Court in the Contempt Petition. 2.
The learned Advocate for the Petitioners submits on instructions that the Contempt Petition may be disposed off as the order has been complied with.
(( 2 )) 915-CA-2469-2024,CP-818-23 3.
The learned AGP submits that the Petitioners/legal heirs can move their Civil Application in the Writ Petition for withdrawal of the amount that has been deposited by Respondent No.1 in this Court in the light of the order dated 01.12.2023 in Contempt Petition No. 818 of 2023.
4.
In the alternative, the learned AGP suggests that the amount deposited in this Court can be transmitted to the Competent Authority and the disbursement/payment of the amount can be made by following the provisions under Chapter 10 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.
5.
The Petitioners are agreeable.
6.
In view of the above, the Contempt Petition as well as the Civil Application, stand disposed off with the following directions which are based on the consent of the parties. (a) The Registry of this Court shall transfer the amount along with accrued interest, as is deposited in this Court by Respondent No.1 under the order dated 01.12.2023 in
(( 3 )) 915-CA-2469-2024,CP-818-23 Contempt Petition No.818 of 2023, to the District Collector, Beed, as expeditiously as possible. (b) The legal representatives of the deceased Petitioner No.3 shall move an application for being brought on record and the Collector shall permit such legal representatives to be brought on record.
(c) Thereafter, the applications for withdrawal filed by the claimants/legal representatives, shall be dealt with in accordance with the procedure laid down in law and the compensation amount would be disbursed to the claimants within a period of 30 days from the date of the application.
[ Y. G. KHOBRAGADE, J. ] [ RAVINDRA V. GHUGE, J. ] SMS