Asaram Dharua Walunj And Others v. The State Of Maharashtra And Others

1 W.P. No. 6733/2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD 45.

WRIT PETITION NO. 6733 OF 2019 Asaram Dharuba Walunj and others

...Petitioners

VERSUS

The State of Maharashtra and others

...Respondents

Mr. N.J. Pahune Patil, Advocate for petitioners Mr. P.K. Lakhotiya, Asstt. Govt. Pleader for Respts. No. 1 to 3 Mr. A.D. Gadekar, Advocate for respondent No.4 C ORAM : S.V. GANGAPURWALA AND AVINASH G. GHAROTE, JJ.

DATE : 27th November, 2019 PER COURT :

1.

It is not disputed by the acquiring body that the lands of the petitioners have been taken in possession and process for submission of the proposal for acquisition under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 is initiated. The learned Counsel for the respondents submits that the efforts may be made through private negotiations also.

2.

The respondents and petitioners are at liberty to enter

2 W.P. No. 6733/2019 into private negotiations regarding acquisition of the land. If within a period of six months the private negotiations for acquisition of the lands do not fructify, then the respondents/acquiring body shall submit a proposal for acquisition of the lands complete in all respects, within a period of four months thereafter and the acquisition proceedings shall be completed within a period as stipulated under the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. 3.

The writ petition is disposed of. No costs.

( AVINASH G. GHAROTE ) ( S.V. GANGAPURWALA ) JUDGE JUDGE Madkar