Pralhad Punjo Rote Through Gpa Vijay Pralhad Rote And Others v. The State Of Maharashtra Through The Secretary And Others

70wp12761-23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 70 WRIT PETITION NO.12761 OF 2023 PRALHAD PUNJO ROTE THROUGH GPA VIJAY PRALHAD ROTE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE SECRETARY AND OTHERS ...

Advocate for Petitioners : Mr. Kale Ajeet B.

AGP for the Respondents-State : S. G. Karlekar

CORAM

: RAVINDRA V. GHUGE & Y. G. KHOBRAGADE, JJ.

DATE : 16th October, 2023 ORDER:

1.

We have considered the submissions of the learned Advocates for the respective sides. With their assistance, we have gone through the petition paper-book and have perused the record. 2.

The learned AGP submits, in the light of Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition and Resettlement Act, 2013 (for short, 'the Act of 2013' ) that, if the Petitioners are not accepting the award for not being to their satisfaction, as regards the non-payment of the compensation for the fruit bearing trees, all these grounds can be raised by the Petitioner under Section 64 of the Act of 2013 and the Collector would

70wp12761-23 thereafter refer the matter to the appropriate authority in view of the first proviso below Section 64 (1) the Act of 2013. 3.

In view of the above, this Petition is disposed off with liberty to the Petitioner to make an application under Section 64 of the Act of 2013, listing each of their grievances with adequate materials/documents on which they intend to place reliance. 4.

The Collector shall consider the said documents and in terms of the first proviso and initiate steps as are expected in law. ( Y. G. KHOBRAGADE, J. ) ( RAVINDRA V. GHUGE, J. ) JPChavan