Mahimudabee Usman Shaikh And Others v. The State Of Maharashtra And Others

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.2030 OF 2019 1.

Mahimudabee w/o Usman Shaikh, Age: 70 years, Occ: Agri., R/o. Wadji, Tq. Vaijapur, District Aurangabad 2.

Ajim s/o Usman Shekh, Age: 45 years, Occ: Agri., R/o. Wadji, Tq. Vaijapur, Dist. Aurangabad 3.

Amin s/o Usman Shekh, Age: 40 years, Occ: Agri., R/o. Wadji, Tq. Vaijapur, Dist. Aurangabad ..PETITIONERS

VERSUS

1.

The State of Maharashtra Through its Secretary, Agricultural Department, Maharashtra, Mantralaya, Mumbai-32 2.

The Collector, Aurangabad, District Aurangabad 3.

The Special Land Acquisition Officer, Jayakwadi Project, District Aurangabad 4.

The Executive Engineer, Irrigation Department, Acquisition, Zilla Parishad, Aurangabad 5.

Sub Divisional Engineer Minor Irrigation Sub Division Vaijapur, Dist. Aurangabad ..RESPONDENTS

(2) Mr Dnyaneshwar B. Gaikwad, Advocate for petitioners;

Mr S.S. Dande, A.G.P. for respondent/State CORAM : PRASANNA B. VARALE AND S.M.GAVHANE, JJ.

DATE : 1st MARCH, 2019 ORAL ORDER :

Heard learned Counsel appearing for the petitioners.

2.

As very limited grievance is raised in the petition, namely, representation submitted to respondent Nos. 2 and 3 for grant of compensation is pending before the authorities for considerable period, the petition is taken up for final disposal at admission stage.

3.

Issue notice to the respondents, returnable forthwith.

Learned A.G.P. waives service of notice for respondents/State.

(3) 4.

Certain documents are placed on record to submit that proceedings were initiated some time in the year 2009 and 2011. Copies of notices under Section 4(1) of the Land Acquisition Act, 1894 are placed on record at Exhibit-A.

5.

A representation dated 8th October, 2018 is submitted to respondent Nos. 2 and 3 with a grievance that though the land is acquired, the petitioners who are owners of the land are deprived of the benefits of compensation. It is also stated that inquiry was conducted and panchnama was also drawn.

6.

Considering the above referred facts, the petition is disposed of, with directions to respondent Nos. 2 and 3 to decide the representation dated 8th October, 2018 as expeditiously as possible and not later than twelve weeks from the date of this order, needless to state on its merits.

(4) 7.

With these directions, the petition is disposed of accordingly.

( S.M.GAVHANE ) (PRASANNA B. VARALE) JUDGE JUDGE Tupe