Timbak Pannu Jonwal And Others v. The Union Of India And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.12893 OF 2019 TIMBAK PANNU JONWAL AND OTHERS

VERSUS

THE UNION OF INDIA AND OTHERS ...

Advocate for Petitioners : Mr. A. K. Gawali AGP for Respondent Nos.2 to 4: Ms. R. P. Gaur Advocate for Respondent No.1 : Mr. R. B. Bhosale ....

CORAM : C. V. BHADANG AND SANDIPKUMAR C. MORE, JJ.

DATED : 14 JULY 2022.

....

P. C. :

The challenge in this petition, is to the order dated 7 February 2019 passed by the respondent - Sub-Divisional Officer granting compensation to the petitioners in respect of land covered by the high tension transmission towers / lines.

2.

Contention on behalf of the petitioners is that the impugned order is not passed by the committee as contemplated under the government resolution dated 31 May 2017 and secondly no opportunity of hearing was given to the petitioners. In effect, the petitioners are challenging the quantum of the compensation granted. According to the petitioners the compensation granted is inadequate.

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The learned counsel for the respondent - Powergrid Corporation as well as the learned AGP, have pointed out that as per the said government resolution there is a remedy of an appeal before the Collector, which the petitioners can avail of and there are disputed questions of fact involved.

4.

The learned counsel for the petitioners states that the petitioners shall approach the appellate authority as contemplated under the government resolution dated 31 May 2017. In that view of the matter, the petition is disposed of.

5.

The petitioners would be at liberty to challenge the impugned decision before the Collector. If such an appeal is filed, the Collector shall decide the same on its own merits in accordance with law as expeditiously and preferably within a period of eight weeks thereafter. SANDIPKUMAR C. MORE, J.

C. V. BHADANG, J.

VS Maind/-