Sangita Balwant Hake And Others v. The State Of Maharashtra Through Secretary And Others

2024:BHC-AUG:2508-DB 904wp13100-22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 904 WRIT PETITION NO. 13100 OF 2022 SANGITA BALWANT HAKE AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA THROUGH SECRETARY AND OTHERS ...

Mrs. P. G. Sontakke h/for Mr. Gajanan K. Sontakke, Advocate for the Petitioners Mr. R. S. Wani, AGP for the Respondents State Mr. A. M. Gaikwad, Advocate for Respondent No.4

CORAM

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

DATE : 2nd February, 2024 ORDER:

1.

Leave to correct the descriptions of Respondent Nos 3 and 4. Correction be carried out within a week.

2.

Though the learned Advocate appearing on behalf of the Respondent Company contends that the grievance of the Petitioners has been considered by order dated 08.11.2021 passed by the District Collector, Latur (Executive Engineer, High Tension Vs. Mrs. Sangita Balwant Hake and four others). The learned Advocate for the Petitioners, who are those five ladies, who were before the District Collector, Latur, submits that the representations set out in prayer Clause 'B' are in connection with the request to the Company to acquire their lands and ensure that the compensation is paid to them under the

904wp13100-22 Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

3.

The Learned Advocate for the Company further submits that these five ladies are also plaintiffs in a Civil Suit for damages. The learned Advocate for the Petitioners clarifies that the Civil Suit is for damages and not for acquisition and compensation. 4.

In view of the above, this Petition is disposed off. 5.

We direct the District Collector, Latur, Respondent No.2 herein, to deal with the representations of the Petitioners dated 4th August, 2021 and 10th August, 2021 on their own merits and convey it's response to these Petitioners within 90 days. If the District Collector comes to a conclusion that the order dated 08.11.2021 is an answer to these representations, he may accordingly mention this fact in his order. ( Y. G. KHOBRAGADE, J. ) ( RAVINDRA V. GHUGE, J. ) JPChavan