Bombay High CourtWP/4096/2022disposed off

Narendra Lakshman Devare And Others v. State Of Maha., Thr. Revenue And Forest Dept., Yavatmal

2022-07-20Hon'Ble Shri Justice A.S. Chandurkar,Hon'Ble Justice Urmila Joshi Phalke2 pages

925wp 4096.2022.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR WRIT PETITION (WP) NO. 4096/2022 Narendra Lakshman Devare and ors.

..VS..

State of Maharashtra and ors.

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s or Judge'

s Order Coram, appearances, Court'

s Orders or directions and Registrar'

s order__________________________________________________________ Shri S.G. Varshani, Advocate for the petitioners Miss Trupti H. Udeshi, AGP for respondents CORAM : A. S. CHANDURKAR AND URMILA JOSHI-PHALKE, J.J. DATED : 20/07/2022 Miss Trupti H. Udeshi, learned Assistant Government Pleader waives service of notice for the respondents. Rule. Rule made returnable forthwith. Heard the learned Counsel for the parties.

Only relief sought in the writ petition is for expeditious consideration of the petitioners' representation dated 15.09.2021 and reminder dated 20.01.2022 by which the petitioners seek disbursement of compensation under Section 28A of the Land Acquisition Act, 1894. The petitioners claim to be entitled for compensation by adjudication in Land Acquisition Case No. 21/2014. First Appeal (ST) No. 28/2018 has been dismissed on 13.12.2018 thus confirming the award passed by the Reference Court. Special Leave Petition (Civil) No. 13981/2019 preferred by the Acquiring Body has also been dismissed. It is informed that on 04.10.2021 a meeting was held under Chairmanship of the Collector to resolve the issue of payment of compensation. Since then there has been no further progress in the matter despite the SMGate

925wp 4096.2022.odt petitioners' representation dated 15.09.2021 and reminder dated 20.01.2022.

The interests of justice would be served by directing the respondent no. 2 - Collector to decide the aforesaid representation if the same has not yet been decided. The respondent no. 2 - Collector shall take a decision thereon in accordance with law within a period of six weeks from the production of a copy of this order.

With these directions, the writ petition is disposed of. Rule accordingly. No costs.

JUDGE JUDGE Digitally signed by SANDIP MAHADEV GATE Date:

2022.07.25 10:12:25 +0530 SANDIP MAHADEV GATE SMGate