Sheshraj Pandurang Nagpure And Others v. The State Of Maharashtra, Through Secretary, Department Of Revenue And Forest, Mumbai And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO.3362 OF Petitioners :

1) Shri Sheshraj Pandurang Nagpure, Aged about 49 yrs., Occu. : Agriculturist.

2) Smt. Radhabai Pandurang Sontakke, Aged about 66 yrs., Occu. : Housewife.

3) Shri Bhagwan Pandurang Sontakke, Aged about 45 yrs., Occu. : Agriculturist.

4) Shri Dhanraj Pandurang Sontakke, Aged about 40 yrs., Occu. : Agriculturist.

5) Smt. Durga Arun Bawane, Aged about 38 yrs., Occu. : Housewife.

6) Shri Chhatrapal Vithoba Channe, Aged about 42 yrs., Occu. : Agriculturist.

7) Shri Shankar Ratiram Funde, Aged about 53 yrs., Occu. : Agriculturist.

8) Shri Bhaskar Ratiram Funde, Aged about 49 yrs., Occu. : Agriculturist.

9) Shri Sudhakar Ratiram Funde, Aged about 49 yrs., Occu. : Agriculturist.

10) Shri Dnyaneshwar Govindrao Paulzagade, Aged about 47 yrs., Occu. : Agriculturist.

11) Shri Ramkrushna Shivram Sontakke, Aged about 58 yrs., Occu. : Agriculturist.

12) Smt. Vachchhala Wasudeo Gajbhiye, Aged about 72 yrs., Occu. : Housewife.

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13) Smt. Satwanta Shantanu Gajbhiye, Aged about 66 yrs., Occu. : Agriculturist.

14) Shri Shyamrao Lahanuji Kawale, Aged about 80 yrs., Occu. : Agriculturist.

15) Shri Ganesh Sukaji Nagpure, Aged about 50 yrs., Occu. : Agriculturist.

16) Shri Domeshwar Sukaji Nagpure, Aged about 47 yrs., Occu. : Agriculturist.

17) Shri Astik Sukaji Nagpure, Aged about 50 yrs., Occu. : Agriculturist.

18) Shri Vijay Mahadeo Hatwar, Aged about 42 yrs., Occu. : Agriculturist.

19) Shri Damodhar Asaram Kulharkar, Aged about 70 yrs., Occu. : Agriculturist.

All R/o Plost Kurza, Tahsil Paoni, Distt. Bhandeara. - Versus - Respondents :

1) The State of Maharashtra, through Secretary, Department of Revenue & Forest, Mantralaya, Mumbai - 32.

2) The Executive Engineer, Gosikhurd Left Canal, Division Wahi (Paoni), Distt. Bhandara.

3) The Collector, Bhandara.

4) Vidarbha Irrigation Development Corporation, through its Executive Director, Nagpur.

=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Mr. G.G. Bade, Advocate for the Petitioners.

Mr. A.S. Fulzele, Additional Government Pleader for Respondent Nos.1 & 3 Mr. K.P. Mahalle, Advocates for Respondent No.2. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=

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CORAM

: A.S. CHANDURKAR AND M.W. CHANDWANI, JJ.

DATE : 5 th APRIL, 2023.

J U D G M E N T : (Per A.S. Chandurkar, J.) Rule. Rule made returnable forthwith. Heard finally with the consent of the learned Counsel for the parties. 02] The lands of the petitioners came to be acquired under the provisions of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. This was by having the sale-deeds executed in favour of the respondent No.4-Vidarbha Irrigation Development Corporation through its Executive Engineer by the petitioners. The petitioners seek further amount of compensation by seeking to rely upon higher compensation being awarded to other land owners in the vicinity of their lands. In that regard, the petitioners have made various representations to the respondent No.2 and respondent No.4.

One such representation is dated 13/07/2016 03] In these facts, the interest of justice would be served by directing respondent No.2 and respondent No.4 to consider the petitioners' representation dated 13/07/2016 and take a decision thereon within a period of eight weeks on receiving copy of this order.

4/4 petitioners are not satisfied with the decision taken on the representations, they are free to adopt such legal course as is permissible in law. 04] The writ petition is disposed of. Rule accordingly with no order as to costs.

(M.W. CHANDWANI, J.) (A.S. CHANDURKAR, J.) *sandesh000 Signed by:SANDESH DAULATRAO WAGHMARE Private Secretary to the Hon'ble Judge Date :06.04.2023 19:25