Bombay High CourtWP/4366/2015dispossed offdismiss for default

Bhaurao Ganpat Chinchulkar And Others v. The State Of Maharashtra, Through Collector, Wardha (The Special Land Acquistion)

2015-09-29Hon'Ble Smt. Justice V.A. Naik,Hon'Ble Shri Justice A.I.S. Cheema2 pages

WP4366TO4374-15 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 4366/2015 (BHAURAO GANPAT CHINCHULKAR & OTHERS VERSUS THE STATE OF MAHARASHTRA & OTHERS) WITH WRIT PETITION NO. 4367/2015 (DEVIDAS JAGANNATH WARGHANE VERSUS THE STATE OF MAHARASHTRA & OTHERS) WITH WRIT PETITION NO. 4368/2015 (RAJU TANBAJI KARWATKAR & ANOTHER VERSUS THE STATE OF MAHARASHTRA & OTHERS) WITH WRIT PETITION NO. 4369/2015 (WASUDEO DADA DAF VERSUS THE STATE OF MAHARASHTRA & OTHERS) WITH WRIT PETITION NO. 4370/2015 (NAMDEO DADA DAF & ANOTHER VERSUS THE STATE OF MAHARASHTRA & OTHERS) WITH WRIT PETITION NO. 4371/2015 (PANDURANG SHAMRAOJI PARBAT VERSUS THE STATE OF MAHARASHTRA & OTHERS) WITH WRIT PETITION NO. 4372/2015 (VASANTA PANDURANG TIMANDE VERSUS THE STATE OF MAHARASHTRA & OTHERS) WITH WRIT PETITION NO.

4373/2015 (GAJANAN NAMDEO NAKHATE VERSUS THE STATE OF MAHARASHTRA & OTHERS) WITH WRIT PETITION NO. 4374/2015 (NAMDEO DADA DAF VERSUS THE STATE OF MAHARASHTRA & OTHERS) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.L. Deshpande, counsel for the petitioner. Mrs.B.H. Dangre, G.P. in WP4366/15, 4369/15, 4371/15; Shri A.S. Fulzele, Additional G.P. in WP4373/15, 4374/15; Ms N.P.

Mehta, AGP in WP4373/15, Shri D.M. Kale, AGP in WP4367/15 Shri D.B. Patel, A.G.P. in WP4368/15, 4370/15 for the R-State.

Shri S.G. Jagtap, counsel for the R-2 in WP4366/15, 4367/15, 4369/15, 4370/15, 4371/15, 4372/15, 4373/15, 4374/15 and for R-3 in WP4368/15.

CORAM : SMT. VASANTI A. NAIK AND A.I.S. CHEEMA, JJ.

DATE : SEPTEMBER 29 , 2015.

Since the prayers made in these petitions are almost identical and similar issues are involved therein, they are heard together and are decided by this common order.

WP4366TO4374-15 By these petitions, the petitioners seek a direction to the respondent-Special Land Acquisition Officer to decide the applications filed by the petitioners under Section 28-A of the Land Acquisition Act, 1894. A direction is sought to the respondents to immediately disburse the amount payable to the petitioners towards enhanced compensation.

During the pendency of the writ petition, the applications filed by the petitioners under Section 28-A of the Land Acquisition Act, 1894 are decided in favour of the petitioners. According to the petitioners, only a direction is required to be issued to the respondents to pay the enhanced compensation to the petitioners, as early as possible.

Shri Jagtap, the learned counsel for the Acquiring Body, states that as soon as the demand in respect of the Award under section 28-A of the Act of 1894 is received from the Special Land Acquisition Officer, the amount would be paid to the petitioners.

It is stated on behalf of the petitioners that such a demand is already sent by the Special Land Acquisition Officer to the acquiring body.

If that be so, the writ petitions are disposed of with a direction to the respondents to pay the enhanced compensation to the petitioners in terms of the Award under Section 28-A of the Act of 1894 as early as possible and positively within a period of three months.

Order accordingly. No costs.

JUDGE JUDGE APTE