Arjun Dhondiba Kayande v. The State Of Maharashtra And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 11261 OF 2016 Arjun Dhondiba Kayande Age: 71 years, Occu.: Retired and Agri., R/o Borgaon (Dhagi), Tq. & Dist. Jalna.

..PETITIONER

VERSUS

1. State of Maharashtra Through its Secretary Water Conservation Department, Mantralaya, Mumbai.

2. The Collector of Jalna Collector Office, Jalna, Tq. & Dist. Jalna.

3. The Executive Engineer, Minor Irrigation Department, Jalna, Tq. & Dist. Jalna.

4. The Sub Divisional Officer, Jalna, Tq. & Dist. Jalna.

5. The Tahsildar, Jalna, Tahsil Office, Tq. & Dist. Jalna.

6. The Talathi, Saza-Borgaon (Dhagi), Tq. & Dist. Jalna.

..RESPONDENTS ....

Mr. M.K. Bhosle, Advocate h/f Mr. A.M. Salok, Advocate for petitioner. Ms. R.P. Gour, A.G.P. for respondents.

....

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CORAM : T.V. NALAWADE AND SANGITRAO S. PATIL, JJ.

DATED : 17th FEBRUARY, 2017 ORAL JUDGMENT :

1.

Rule. Rule made returnable forthwith. Heard both sides by consent for final disposal.

2.

The petition is filed for direction to respondents to complete the proceeding of acquisition in respect of his portion from land Gut No. 323 situated at village Borgaon (Dhagi), Tq. And Dist. Jalna. The petitioner has produced the record like proposal made by the Executive Engineer in the year 2008 showing that the land Gut No. 323 was required to be acquired as it will be get submerged in the percolation tank. There is record of joint measurement prepared by the concerned department and it also shows that the land admeasuring 85 R of the petitioner was measured for taking over for the said project. There is copy of representations made on 20th August, 2016 and also on 10th October, 2016 showing that representations were made to complete the acquisition proceeding and give compensation. 3.

In view of the aforesaid circumstances, this Court holds that direction needs to be given to the respondents to do the needful. 2 / 3

Respondents to follow the procedure of acquisition and pay the compensation to the petitioner. It needs to be done within six months from today. In the result, petition is allowed. Rule made absolute in those terms.

( SANGITRAO S. PATIL, J. ) ( T.V. NALAWADE, J. ) SSD 3 / 3