Jyoti Deepakrao Kimbahune v. The State Of Maharashtra And Others

1 WP - 210-2017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 210 OF 2017 Sou. Jyoti W/o Deepakrao Kimbahune .. Petitioner VS.

The State of Maharashtra and others .. Respondents ---- Mr. N.K. Tungar, Advocate for the petitioner Mr. D.R. Kale, A.G.P. for the respondent/State Mr. M.N. Navandar, Advocate for respondent no.4 None present for respondent no.5 / U.O.I.

---- CORAM : S.C. DHARMADHIKARI & MANGESH S. PATIL, JJ.

DATE : 12-06-2017 ORAL ORDER :

1.

Presently we do not think that any relief should be granted on considering the prayers in the Writ Petition. For all we know, if the petitioner continues to be deprived of his right, title and interest in the land, which is stated to be subject matter of acquisition, that state-of-affairs can not continue endlessly for, the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 stipulates an outer limit for several steps towards acquisition. Petitioner can derive the benefit of the same. In the event that time schedule is not adhered to, there is provision of declaration that proceeding for acquisition has lapsed.

2 WP - 210-2017 2.

In these circumstances, issuing a Writ of mandamus and in terms of prayer clause (B), would be detrimental to the interest of the petitioner. Hence, the Writ Petition is disposed off. [MANGESH S. PATIL] [S.C. DHARMADHIKARI] JUDGE JUDGE arp/