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Bombay High CourtWP/758/2019disposed offdismissed for default

Late Latifkhan Kalekhan Through Lrs 1 Shri Ibrahimkhan Latifkhan And ORS v. The State Of Maharashtra And Others

2020-02-12Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Shrikant D. Kulkarni2 pages

(1) 4-wp-758-2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 4 WRIT PETITION NO.758 OF 2019 LATE LATIFKHAN KALEKHAN THROUGH LRS 1 SHRI IBRAHIM KHAN LATIF KHAN AND ORS.

..PETITIONERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ..RESPONDENTS ...

Mr. Madhav M. Bhokarikar, Advocate for the Petitioners.

Mrs. M. A. Deshpande, AGP for Respondents-State. Mr. Subhash S. Chillarge, Advocate for Respondent No.4.

...

CORAM : S. V. GANGAPURWALA & SHRIKANT D. KULKARNI, JJ.

DATED : 12th FEBRUARY, 2020.

PER COURT:- 1.

The petitioners seek rental compensation.

2.

It appears that the application was filed with Acquiring Body. It is S.L.A.O. who decides the aspect of the rental compensation.

3.

According to Mr. Chillarge, learned counsel for the Acquiring Body, the possession has been taken after Award. As such, petitioners are not entitled for the rental compensation.

4.

In case, petitioners file application with S.L.A.O., it is for the S.L.A.O. to take

(2) 4-wp-758-2019 decision after hearing the petitioner, Acquiring Body and State.

5.

In light of that, petitioners are at liberty to file an application before the S.L.A.O. In case, such an application is filed, the S.L.A.O. would take decision after hearing the petitioner, Acquiring Body and the State with regard to the right of the petitioner to claim rental compensation.

6.

Writ Petition is disposed of. No costs.

(SHRIKANT D. KULKARNI) (S. V. GANGAPURWALA) JUDGE JUDGE Devendra/February-2020