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Bombay High CourtWP/1769/2016disposed offdismissed for default

Keshav Rangnath Kankal Died Through Lrs Shakuntala Keshavrao Kankal And Others v. The State Of Maharashtra Through Collector Latur

2016-03-10Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice A. I. S. Cheema3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD WRIT PETITION NO.1768 OF 2016 Shantirappa s/o Kashinathappa Khekde Died through L.Rs.

Smt. Kamalbai w/o Shantirappa Khekde and others ...

PETITIONERS

VERSUS

The State of Maharashtra ...

RESPONDENT .....

Shri M.S. Patil, Advocate for petitioners Shri P.S. Patil, A.G.P. for State .....

W I T H WRIT PETITION NO.1769 OF 2016 Keshav s/o Rangnath Kankal Died through L.Rs.

Smt. Shakuntala w/o Keshavrao Kankal and others ...

PETITIONERS

VERSUS

The State of Maharashtra ...

RESPONDENT .....

Shri M.S. Patil, Advocate for petitioners Shri P.S. Patil, A.G.P. for State .....

CORAM:

S.V. GANGAPURWALA AND A.I.S. CHEEMA, JJ.

DATED:

10th March, 2016.

ORAL ORDER :

1.

Mr. Patil, learned counsel for the petitioners states that, the petitioners had filed the reference under Section 18 of the Land Acquisition Act. Thereafter they filed First Appeals before this Court. This Court partly allowed the said First Appeals vide judgment and order dated 25.6.2008. Though the said judgment is delivered by this Court in the year 2008, as yet the respondents have not paid the compensation amount to the petitioners as determined by this Court.

2.

The learned A.G.P. states that, the petitioners have already filed execution proceedings and the petitioners are at liberty to execute the Darkhast. In the Darkhast also many times it appears, warrants have been issued but the respondents have shown total apathy in depositing the amount. The respondents are liable to pay interest on the amount. Everyday the amount of interest is mounting. So also the lands of the petitioners have been acquired, the State is under obligation to

pay compensation as determined and as become final. 3.

Considering the difficulties shown, we direct the respondents to pay compensation amount to the petitioners as determined by this Court in the First Appeal expeditiously, preferably within nine months from today. Writ Petition disposed of. No costs.

(A.I.S. CHEEMA, J.) ( S.V. GANGAPURWALA, J.) fmp/wp1768.16