Gangadhar Kashinath Hengne v. The State Of Maharashtra Through Its Secretary And Others

2025:BHC-AUG:11576-DB 1 64 wp 1189-24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 64 WRIT PETITION NO. 1189 OF 2024 GANGADHAR KASHINATH HENGNE

VERSUS

THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS ...

Mr. Kande Vishnu Shriram, Advocate for the Petitioner Mr. S. B. Pulkundwar, AGP for Respondent-State Mr. R. K. Ingole, Advocate for Respondent No.4 ....

CORAM : R. G. AVACHAT AND SANDIPKUMAR C. MORE, JJ.

DATED : 21/04/2025.

P. C. :

1.

Herd.

2.

The petitioner's land has been admittedly taken over vide possession receipt dated 18/06/2008. The learned AGP adverts our attention to para 4 of the affidavit in reply filed by respondent Nos.2 & 3.

3.

Till date, no acquisition proceeding has yet been initiated. The learned counsel for the acquiring body submits that the petitioner was called upon to clear the deficiencies i.e. some documents were required from the petitioner. He would further submit that only 26 R land of the petitioner has been made use of by the acquiring body. Be that as it may, the fact remains the petitioner would be

2 64 wp 1189-24 entitled for compensation at least to the extent of 26 R land. It has been about 17 years, the petitioner has been deprived of his possession and enjoyment of the land without paying him a single rupee.

4.

In this peculiar facts and circumstances of the case, we direct the respondents to deposit Rs.25,00,000/- with this court, within a period of three months and proceed with the acquisition proceeding and take it to the logical end in terms of provisions of the Right to Fair Compensation and Transparency in Land Acquisition Act, 2013.

5.

The petitioner undertakes to cooperate to take acquisition proceeding to logical end.

6.

The writ petition is disposed of accordingly. ( SANDIPKUMAR C. MORE, J. ) (R. G. AVACHAT, J.) VS Maind/-