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Bombay High CourtWP/1150/2018disposed offdismissed for default

Sushila Mahadeo Chikte And Others v. The State Of Maharashtra And Others

2019-04-22Hon'Ble Shri Justice S V Gangapurwala,Hon'Ble Shri Justice Arun M. Dhavale2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 1150 OF 2018 Sushila Mahadeo Chikte and others .. Petitioners

Versus

The State of Maharashtra and others .. Respondents Shri Ajeet B. Kale, Advocate for Petitioners. Shri S. B. Pulkundwar, A.G.P. for Respondent Nos. 1 and 2. Shri A. D. Soman, Advocate h/f Shri D. V. Soman, Advocate for the Respondent No. 3.

CORAM : S. V. GANGAPURWALA AND A. M. DHAVALE, JJ.

DATE : 22ND APRIL, 2019.

FINAL ORDER :

.

Mr. Kale, the learned counsel for petitioners submits that, the writ land of petitioners was taken in possession by private negotiations by the respondents in the year 2009. Thereafter acquisition proceedings had commenced, but the acquisition proceedings had lapsed. No fresh proposal was forwarded by the acquiring body.

2.

Mr. Soman, the learned counsel appears for the acquiring body that is the respondent No. 3.

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It appears as per letter dated 18.03.2016 (Exhibit - C) issued by the Land Acquisition Officer, Latur to the respondent No. 3 that, acquisition proceedings stood lapsed at the stage of Sec. 6 declaration of the Land Acquisition Act and the respondent No. 3 was directed to submit fresh proposal as per the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013.

4.

In case no award has been passed in respect of writ land and the writ land has been in possession of respondents, then the respondent No. 3 shall submit fresh proposal to the respondent Nos. 1 and 2 for acquisition under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 within a period of four (04) months from today. The acquisition shall be completed within the time stipulated in the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The writ petition is disposed of. No costs.

[A. M. DHAVALE, J.] [S. V. GANGAPURWALA, J.] bsb/April 19