Badrinarayan Ramchandra Kasat And Another v. The State Of Maharashtra And Others

WP 4108/16 - 1 -

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.4108/2016 Badrinarayan Ramchandra Kasat and another.

...Petitioners..

Versus

The State of Maharashtra & others.

...Respondents...

.....

Shri Parag Barde, Advocate h/f Shri P.D. Sangwikar, Advocate for petitioners.

Shri S.S. Dande, AGP for respondent nos.1 to 3. Shri S.N. Rodge, Advocate for respondent no.4. Shri Jayant Patil, Advocate for intervenors.

.....

CORAM: R.M. BORDE & K.L. WADANE, JJ.

DATE: 20.06.2016 ORDER :

1] The petitioners are praying for issuance of directions to the respondents to re-allocate the land, which has already been acquired. It is not a matter of dispute that the land is taken in possession by the State Government and the award was declared on 7.8.1992 and the petitioners have received the amount of compensation as well as the enhanced amount of

WP 4108/16 - 2 - compensation determined by the Reference Court. 2] In the circumstances, the petitioners are not entitled to claim re-allocation of the land even if the same remains unused.

The alternative prayer for allotment of alternative land is also not liable to be considered.

3] The petition is devoid of substance and hence the same stands rejected. Pending civil application does not survive and also stands disposed of.

(K.L. WADANE, J.) (R.M. BORDE, J.) ndk/c2061626.doc