Bombay High CourtWP/12525/2019disposed offdismissed for default

Gajanan Baburao Dusane v. The State Of Maharashtra And Another

2020-02-25Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Shrikant D. Kulkarni2 pages

1 110-WP12525-19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 12525 OF 2019 Gajanan Baburao Dusane .. Petitioner

Versus

The State of Maharashtra and another .. Respondents Mr. Mahesh S. Deshmukh, Advocate for the Petitioner. Mrs. M. A. Deshpande, Addl. G. P. for Respondent No. 1. Mr. Nilesh N. Desale, Advocate for Respondent No. 2. CORAM : S. V. GANGAPURWALA & SHRIKANT D. KULKARNI, JJ.

DATED : 25th FEBRUARY, 2020.

PER COURT:- .

The learned counsel for the petitioner and the learned counsel for the respondents are ad idem that the petitioner is similarly situated as the petitioner in Writ Petition No. 4087 of 2019 and is claiming the same relief. The parties would be governed by the order dated 04.12.2019 passed in Writ Petition No. 4087 of 2019. 2.

In the light of that, we follow the same course. 3.

It is not disputed that, writ land has been taken in possession by the respondent No. 2. The road is also constructed, however, acquisition proceedings are not yet initiated.

2 110-WP12525-19.odt 4.

Mr. Desale, the learned advocate for the respondent No. 2 submits that, the respondent No. 2 had offered T.D.R. to the petitioner. 5.

Mr. Deshmukh, the learned advocate for the petitioner submits that, the T.D.R. is not acceptable to the petitioner. 6.

In that case the respondent No. 2 shall forward the proposal for acquisition of the petitioner's land to the competent authority / Special Land Acquisition Officer within a period of six (06) months from today. The proposal for acquisition shall be complete in all respects. 7.

On receipt of the proposal, the Special Land Acquisition Officer shall take further steps within a period of three (03) months and the acquisition proceeding shall be completed within the time stipulated under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. 8.

In view of the above, the writ petition is disposed of. No costs. ( SHRIKANT D. KULKARNI ) ( S. V. GANGAPURWALA ) JUDGE JUDGE P.S.B.