Anandrao Narayan Thavre v. The Land Acquisition Officer And Sub Divisional Officer, Nagpur And Another

WP 1092-2021 Judgment

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 1092 OF 2021 Anandrao Narayan Thavre, aged 80 years, Occ. Agriculturist, R/o Mohgaon, Tq. Nagpur (Rural), District - Nagpur.

PETITIONER .....VERSUS.....

1.

The Land Acquisition Officer & Sub - Divisional Officer, Mouda, District - Nagpur.

2.

The Executive Engineer, Lower Vena Project, Minor Irrigation Department, Ajni, Nagpur.

R ESPONDENT S Shri P.S. Kshirsagar, Advocate for the petitioner. Shri D.P. Thakare, A.G.P. for respondent No.1/ State. Shri A.M. Kukday, Advocate for respondent No.2. CORAM : A.S. CHANDURKAR AND URMILA JOSHI - PHALKE, J J . D ATE : 14 TH JUNE, 2022 .

ORAL

JUDGMENT

(PER : A.S. CHANDURKAR, J.) RULE. Rule made returnable forthwith and heard the learned Counsel for the parties.

2.

The limited relief sought in the present Writ Petition is for a direction to be issued to respondent No.1 - Special Land Acquisition Officer to decide the petitioner's representation dated 31/12/2020. By that representation, the petitioner seeks compensation towards acquisition of his land by applying multiplier of 2 along with rental compensation as per the notification dated 26/05/2015.

WP 1092-2021 Judgment 3.

The learned Counsel for the petitioner has invited our attention to the order passed by this Court in Writ Petition No. 6272/2015 (Asha Nilkanth Mahakalkar and others Vs. The State of Mah. and others) as well as to the order passed in Writ Petition No. 6731/2017 (Khushal Shankarrao Thavre and others Vs. The Land Acquisition Officer & Sub - Divisional Officer, Mouda, Distt. Nagpur and another). A prayer is made that similar relief be granted to the petitioner. 4.

The learned Additional Government Pleader for respondent No.1 submits that the representation dated 31/12/2020 is pending with respondent No.1 and the same can be considered. 5.

In view of the aforesaid, the Writ Petition is disposed of by directing respondent No.1 to decide the representation dated 31/12/2020 in accordance with law and take a decision thereon within a period of two months from the date of production of this order by the petitioner before respondent No.1. All questions are kept open. The order passed be communicated to the petitioner.

6.

Rule is made absolute in the aforesaid terms with no order as to costs.

(URMILA JOSHI - PHALKE, J.) (A.S. CHANDURKAR, J.) SUMIT AGRAWAL