Maroti Sukhdev Andhale And Others vs The State Of Maharashtra And ...
2016 Latest Caselaw 7434 Bom

                                                                               wp1480.16.doc
                                             1


                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                                    BENCH AT AURANGABAD 




                                                                               
                            WRIT PETITION NO. 1480 OF 2016     




                                                       
    1.     Maroti s/o Sukhdev Andhale
           Age 65 years, occ. Agril

    2.     Nana s/o Mohan Andhale
           age 25 years, occ. Agril




                                                      
    3.     Dattatray s/o Vitthal Andhale
           age 27 years, occ. Agril

    4.     Kashinath s/o Sitaram Thombre




                                           
           age 60 years, occ. Agril

    5.
                              
           Govardhan s/o Tulsiram Andhale
           age 60 years, occ. Agril

    6.     Asaram s/o Bapu Andhale
                             
           age 45 years, occ. Agrl

           All r/o Andhalyachi Wadi
           Tq. Kaij, Dist. Beed.                                     .. PETITIONERS
      


    VERSUS
     
   



    1.     The State of Maharashtra
           Through secretary
           Irrigation Department,
           Mantralaya, Mumbai.





    2.     The District Collector,
           District Beed, Beed.

    3.     Deputy Collector (Land Acquisition)
           No. 1, Ambajogai, Dist. Beed.





    4.     The Executive Engineer
           Jayakwadi Irrigation department no. 3,
           Beed Dist. Beed.

    5.     The Executive Engineer
           Majalgaon Irrigation Division
           Parali (V), Tq. Parali(V),
           Dist. Beed.                                             .. RESPONDENTS


    Mr. V.P. Savant, advocate for petitioners.




     ::: Uploaded on - 23/12/2016                      ::: Downloaded on - 24/12/2016 00:41:29 :::
                                                                                               wp1480.16.doc
                                                         2


    Mr. S.J. Salgare, AGP for the State. 
                                                          =====




                                                                                              
                                                               CORAM :  R.M. BORDE &
                                                                          SANGITRAO S. PATIL, JJ. 

DATE : 19th DECEMBER, 2016.

ORAL JUDGMENT : ( PER R. M. BORDE, J. )

1. Rule. Rule made returnable forthwith.

2. Heard finally with the consent of learned counsel for the respective

parties.

3. Agricultural land belonging to petitioners situate at village

Andhalyachi Wadi has been taken in possession by respondents for

construction of irrigation tank in the year 2004-2005. However, till today,

neither proceeding for determination of amount of compensation has been

initiated nor any amount has been paid to petitioners. It is stated on behalf

of respondent no. 5 on oath that the proposal for acquisition and

determination of amount of compensation in accordance with the provisions

of Right to Fair Compensation and Transparency in Land Acquisition,

Rehabilitation and Resettlement Act, 2013 would be submitted within a

period of three months. It was expected of respondent no. 5 to tender

proposal to respondent no. 2 as assured by him.

4. Considering the facts and circumstances of the case, we dispose of

this petition with direction to respondents 2 and 3 to determine the amount

of compensation in respect of acquired land belonging to petitioners, as

wp1480.16.doc

expeditiously as possible, preferably within a period of one year from today.

Respondents 4 and 5 shall pay the amount of compensation in accordance

with determination by respondents 2 and 3 within the time stipulated as

above. Rule is accordingly made absolute. No costs.

    ( SANGITRAO S. PATIL  )                                                 ( R. M. BORDE )
               JUDGE                                                               JUDGE




                                                 
    dyb