Khatijabee Dadamiya Shaikh And Others v. The State Of Maharashtra Through Secretary And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 949 WRIT PETITION NO.359 OF 2023 Khatijabee w/o Dadamiya Shaikh and others Petitioners

Versus

The State of Maharashtra and others Respondents ...

Mr. S.B. Bhosle, Advocate for petitioners Mr. A.R.Kale, AGP for respondent no.1 to 3.

Mr. S.G.Sangle, Advocate for respondent no.4 and 5. ...

CORAM : S. V. GANGAPURWALA, ACTING C.J.

& S. G. CHAPALGAONKAR, J.

Date : 24th March, 2023 ...

PER COURT :- 1.

Learned counsel for the petitioners submits that agricultural land of the petitioners was acquired. Even notifications were issued in 2005, but the award was not passed. According to the learned counsel, in view of the Right of Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 (for short 2013 Act), acquisition has been lapsed. Learned counsel submits that fresh proposal in 2013 Act for acquiring 80R land was also moved, but no further steps are undertaken.

2.

We have also heard the learned AGP.

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wp 359.23.odt 3.

It appears that construction of the percolation tank is also carried out. Fresh proposal for acquisition has also been forwarded under 2013 Act.

4.

In light of that, the respondents shall commence acquisition proceedings as per the fresh proposal (page 17) within one year from today and complete the same within the time stipulated in the 2013 Act.

5.

With these observations and directions writ petition stands disposed off.

( S. G. CHAPALGAONKAR, J. ) ( ACTING CHIEF JUSTICE ) ...

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