Roshanbi Aziz Motiwala Through Power Of Attorney Holder Mr.Iliyas Aziz Motiwala v. The Competent Authority And Deputy Collector Land Acquisition Officer No.And ANR

21-cwp-2637-21.doc Digitally signed by DINESH SADANAND SHERLA Date:

2021.09.20 15:44:35 +0500

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2637 OF 2021 DINESH SADANAND SHERLA Roshanbi Aziz Motiwala ... Petitioner.

V/s.

The Competent Authority & Deputy Collector Land Acquisition Ofcer No.11, Solapur and anr.

... Respondents.

---------------- Dr. Ramdas P. Sabban for the Petitioner.

Mr. S.B. Kalel, AGP for the Respondent - State. Mr. Rakesh L. Singh a/w. Ms Lakshmi Bussa i/b M.V. Kini and Co. for Respondent No.2.

----------------

CORAM

:

PRASANNA B. VARALE & N.R. BORKAR, JJ.

DATE :

16.09.2021.

P.C.

1] Heard the learned counsel for the respective parties. 2] The petitioner is the resident of village Kasbe, Solapur. The properties of the petitioner, i.e., residential building was acquired. The details are placed on record at page 76 under the caption Schedule "B" and the petitioner's name is shown at serial No.17.

3] The learned counsel for the petitioner submitted that as the properties of the petitioner were acquired, the petitioner is entitled to get all the resettlement benefts as displaced person in terms of section 31 of the Right to Fair Compensations and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. The learned counsel then invited our attention to the representation to the authorities in respect of their grievance, placed on record as Dinesh Sherla 1/2

21-cwp-2637-21.doc Exhibit-B at page 78 to the petition.

4] The learned counsel submits that though the representation was submitted to the competent authority on 26.6.2019, till date no decision is taken on the said representation by the competent authority. Hence, the learned counsel prayed for issuing necessary directions to the competent authority to decide the representation expeditiously.

5] Considering the limited prayer as prayed above, we deem it appropriate to direct the respondent No.1 - Competent Authority to decide the representation/application dated 26.6.2019, as expeditiously as possible and not later than four months from the date of receipt of copy of this order.

6] The petitioner has referred in the representation to the manual of guidelines on Land Acquisition of National Highway published by Government of India in December 2018. According to the learned counsel for the petitioner, the benefts need to be paid in accordance with the said guidelines. We do not wish to examine this aspect at this stage and the petitioner is at liberty to raise the said contention before the competent authority.

7] With aforesaid directions, Writ Petition is disposed of. (N.R. BORKAR, J.) (PRASANNA B. VARALE, J.) Dinesh Sherla 2/2