Bapurao S/O Jagobaji Vaidhya And Others v. The State Of Maharashtra Thr Special Land Acquisition Officer, (Kanholi Nala Project) Ngp And Anoth

0305wp1224.16.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO.1224/2016 Bapurao s/o Jagobaji Vaidhya and others ...Versus...

The State of Maharashtra through Special Land Acquisition Officer, (Kanholi Nala Project), Civil Lines, Nagpur and another - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Mrs. Rajkumari Rai, Advocate for petitioners Shri H.D. Dubey, AGP for respondent no.1 Shri V.G. Palshikar, Advocate for respondent no.2 CORAM : SMT. VASANTI A. NAIK AND V.M. DESHPANDE, JJ.

DATE : 03.05.2016 By this writ petition, the petitioners seek a direction to the respondents to disburse the amount of enhanced compensation under the provisions of Section 28 A of the Land Acquisition Act, 1894, to the petitioners.

It is stated on behalf of the petitioners that though the respondents have passed the award under Section 28 A of the Land Acquisition Act, on the applications made by the petitioners, the amount of enhanced compensation is not paid to the petitioners, till date.

Shri Dubey, the learned Assistant Government Pleader appearing on behalf of the respondent no.1 states, on the perusal

0305wp1224.16.odt of the original record and proceedings, that the award has been passed on the applications of the petitioners under Section 28 of the Act. It is stated that after the passing of the award, the respondent no.1 had asked the respondent no.2 to pay the compensation to the petitioners.

Shri Palshikar, the learned Counsel for the respondent no.2 states, on instructions, that the amount of compensation would be deposited with the respondent no.1 within a period of three months, after making the necessary calculations. We accept the statement made by the learned Counsel for the respondent no.2 which would be binding on the respondent no.2. If the amount is deposited by the respondent no.2 with the respondent no.1, the respondent no.1 shall disburse the same to the petitioners within fifteen days from the date of the deposit.

Order accordingly. No costs.

JUDGE JUDGE Wadkar