Prayagbai Ashruba Jaybhaye v. The State Of Maharashtra, Thr. Secretary, Irrigation Dept., Mumbai And Another

Judgment W.P.No.2470.2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 2470 OF 2021 Prayagbai Ashruba Jaybhaye, Aged about 65 years, Occu. - Agriculturist, R/o. Andhera, Tah. Deulgaon Raja, District Buldana.

.... PETITIONER // VERSUS // 1) The State of Maharashtra, through its Secretary, Irrigation Department, Mantralaya, Mumbai - 400 032.

2) The land Acquisition Officer/ Sub Divisional Officer, Khadakpurna Project, Sindkhed Raja, Tq. Sindkhed Raja, District Buldana.

.... RESPONDENTS ______________________________________________________________ Shri Rahul N. Ghuge, Advocate for petitioner. Shri A. A. Madiwale, A.G.P. for respondent Nos.1 & 2. ______________________________________________________________ CORAM : SUNIL B. SHUKRE AND ANIL S. KILOR, JJ.

DATED : 05.08.2021 ORAL JUDGMENT : (Per Sunil B. Shukre, J.) 1.

Heard. Rule. Rule made returnable forthwith. Heard finally by consent of the learned counsel appearing for the parties.

Judgment W.P.No.2470.2021.odt 2.

It is stated by the petitioner that her application bearing No.13 of 2020, filed under Section 28A of the Land Acquisition Act, 1894 since January, 2020 and it has still not been decided. If this is true, time is right now for the respondent No.2 to dispose of the same on it own merits as early as possible.

3.

Accordingly, the petition is allowed.

4.

The respondent No.2 is directed to decide the Application No.13 of 2020 in accordance with law, as expeditiously as possible, preferably within eight weeks from the date of the order, if the application is still pending.

Rule is made absolute in the above terms. No costs. (ANIL S. KILOR, J.) (SUNIL B. SHUKRE J.) Kirtak