Remanded

Samabai Vithoba Aghav v. the District Collector Beed and Ors.

Bombay HC25 Jan 2012WP/3984/2010

Case brief

AI extract

What is this about?

Hon'ble High Court directed the respondent Acquiring Body to decide on petitioners' applications for rental compensation regarding acquired lands within four months in accordance with Government Resolutions, clarifying no opinion was formed on merits.

What did the court decide?

Acquiring Body to decide and pass orders on applications for rental compensation within four months from receipt of this order.

Samabai Vithoba Aghav Vs the District Collector Beed and Ors. — Land Acquisition | Bombay HC (2012)

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1 W.P. No.3984 of 2010 Group

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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Writ Petition No.3984 of 2010

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Samabai w/o Vithoba Aghav .. Petitioner. Versus District Collector, Beed & Others .. Respondents.

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With

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Writ Petition No.5132 of 2010

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Appasaheb s/o Tatyasaheb Banger And Others. .. Petitioners.

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Versus District Collector, Beed & Others .. Respondents.

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With

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Writ Petition No.4713 of 2011

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Appa s/o Kondiba Sangale And Others. .. Petitioners. Versus District Collector, Beed & Others .. Respondents.

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With

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Writ Petition No.4724 of 2011

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Nivrutti s/o Sagaji Andhale And Others. .. Petitioners.

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Versus

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2 W.P. No.3984 of 2010 Group

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District Collector, Beed & Others .. Respondents.

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Shri. N.K. Tungar, Advocate, for petitioners.

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Shri. K.B. Choudhari, Additional Government Pleader and Shri. V.B. Ghatge, Assistant Government Pleader, for respondent Nos.1 and 2.

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Shri. N.L. Jadhav, Advocate, for respondent No.3.

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CORAM: NARESH H PATIL & T.V. NALAWADE, JJ. DATE 25^th JANUARY 2012

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PER COURT :

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Heard.

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The petitioners claim rental compensation in respect of the lands which were subjected to acquisition. According to the petitioners, representations for claiming rental compensation were already addressed to the Executive Engineer, M.I.E.G.S. Division, Beed, the Special Land Acquisition Officer, Beed and the Collector, Beed.

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According to the petitioners, the

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representations are still pending.

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3 W.P. No.3984 of 2010 Group

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The payment of rental compensation is permitted in deserving cases under Government Resolutions. The claimants are entitled to claim rental compensation after award is passed by the Special Land Acquisition Officer. In the present case, the learned counsel for the petitioners submits that award has been already passed by the Special Land Acquisition Officer and the Land Acquisition References filed under Section 18 of the Land Acquisition Act are pending before the Civil Court.

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Considering the submissions advanced and the statement made that the representations are already filed with the authorities, we direct the respondent - Acquiring Body to decide and pass appropriate orders on the applications filed by the petitioners for receiving rental compensation strictly in accordance with the Government Resolutions after verifying the record, passing of the award in respect of the lands which were owned and possessor by the petitioners. The Acquiring Body shall pass necessary orders on the said representations within four months from the date of receipt of copy of this order. The Acquiring Body is entitled to hear the petitioners in case it is desirable.

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4 W.P. No.3984 of 2010 Group

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The Registry has raised objections in respect of deficit court fees. The petitioners to deposit the deficit court fees within three weeks from today. The Registry shall thereafter finalize and transmit the writs after depositing the deficit court fees.

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The writ petitions are disposed of. It is clarified that we have not expressed any opinion on merits of the claim of the petitioners.

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Sd/- Sd/- (T.V. NALAWADE, J.) (NARESH H PATIL, J.)

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rsl

Samabai Vithoba Aghav v. the District Collector Beed and Ors.

Case brief

What is this about?

What did the court decide?

Samabai Vithoba Aghav v. the District Collector Beed and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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