Uttam Nilkanth Sonwane And Others vs The State Of Maharashtra And ...
2016 Latest Caselaw 3836 Bom

                                                                                              wp2898.16.doc
                                                         1


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




                                                                                              
                               WRIT PETITION NO. 2898  OF 2016     




                                                                      
    1.       Uttam Nilkanth Sonwane
             age 69 years, occ. Agril.
             r/o 'Mukti Apartment'
             Plot No. 26, Janta Raja Chowk
             Mahabal Colony, Jalgaon




                                                                     
             Dist. Jalgaon

    2.       Pralhad Shamrao Sonwane
             age 50 years, occ. Agril
             r/o Sujde, Post Bholane




                                                       
             Tq. & Dist. Jalgaon

    3.       Balu Ukhardu Sonwane
                                  
             age 55 years, occ. Agril.
             r/o Nandra, Post Dhamangaon
             Tq. & Dist. Jalgaon                                                  .. PETITIONERS
                                 
    VERSUS
     
    1.       The State of Maharashtra
             Water Resources Department,
      


             Mantralaya, Mumbai.
   



    2.       Special Land Acquisition Officer
             Jalgaon, Division Jalgaon

    3.       Executive Engineer,
             Waghur Project Jalgaon





             Dist. Jalgaon

    4.       The Collector,
             Collector Office, Jalgaon                                          .. RESPONDENTS





    Mr.  G.V. Wani, advocate for petitioners.
    Mr. M.V. Kangne, AGP for the State.
                                                          =====

                                                               CORAM :  R.M. BORDE &
                                                                          K. L. WADANE, JJ.  

                                                               DATE    :  14th JULY,  2016. 
     
    ORAL JUDGMENT : ( PER R. M. BORDE, J. )





                                                                                                wp2898.16.doc

1. Rule. Rule made returnable forthwith.

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

parties.

3. Issue raised in the instant petition is no more res integra and is

covered by judgment delivered by this Court in Writ Petition no. 2390/2015

and other companion matters decided on 21.09.2015.

4.

For the reasons set out in the aforesaid judgment, instant petition

deserves to be allowed. Respondent - State authorities are directed to

determine the amount of compensation payable to petitioners covered by

section 4 notification in respect of the award in accordance with provisions

of the Right to Fair Compensation and Transparency in Land Acquisition,

Rehabilitation and Resettlement Act, 2013. The exercise of determination of

amount of compensation as directed above and payment thereof shall be

completed within a period of six months from today. Rule made absolute to

the extend specified above. In the facts and circumstances of the case,

there shall be no order as to costs.

    ( K. L. WADANE )                                                                  ( R. M. BORDE )
          JUDGE                                                                             JUDGE

    dyb