Allowed

Mahadeo Kondiba Munde and Ors. v. the State of Maharashtra and Ors.

Bombay HC26 Mar 2012WP/8689/2009

Case brief

AI extract

What is this about?

The High Court directed the Collector to decide the petitioners' claim for rental compensation regarding land acquired for Nandur-Chausala Road within 12 weeks, imposing a 12% p.a. interest penalty for delay in payment, following similar earlier orders in related writ petitions.

What did the court decide?

Direct the respondent Collector to decide the claim for rental compensation within 12 weeks; pay within 16 weeks or pay 12% p.a. interest.

Mahadeo Kondiba Munde and Ors. Vs the State of Maharashtra… — Land Acquisition | Bombay HC (2012)

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W.P.No.8689/2009

drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD

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WRIT PETITION NO.8689 OF 2009

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Mahadeo Kondiba Munde & others

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PETITIONERS

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VERSUS

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The State of Maharashtra & others

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RESPONDENTS

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Mr.D.R.Jayabhar, Advocate for the petitioners Mr.B.V.Wagh, AGP for respondents State

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[CORAM : D.G.KARNIK, AND

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S.B.DESHMUKH, J.J.]

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DATE : 26th March 2012

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ORAL ORDER (PER D.G.KARNIK, J.):

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Rule, returnable forthwith. Learned AGP waives service on behalf of the respondents. Heard by consent.

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Petitioners' land was acquired for Nandur-Chausala Road and an award was passed on 10 June 1992. Compensation was also paid to the petitioners. However, according to the petitioners, rental compensation has not been paid to them for the period between 1 March 1968 when possession was taken and 10 June 1992 when the award was passed.

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{2} W.P.No.8689/2009

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The petitioners made a formal application to the respondent No.2 Collector on 17^th April 2009 requesting him to decide the rental compensation. Till today the respondent No.2 has not decided the rental compensation from the date of possession till the date of the Award.

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In our view, the matter is not res integra. Writ Petition No.8403/2009 was filed by other farmers whose lands were acquired under the same notification and covered under the same award, for payment of rental compensation. By an order dated 22^nd March 2010 a Division Bench of this Court has directed the Collector to decide the claim of the petitioners therein for rental compensation within 6 months. Similarly, in Writ Petition No. 6523/2009 another Division Bench of this Court by its order dated 1^st February 2010 has directed the respondents to determine the claim for rental compensation. Following these decisions, we allow the writ petition and direct the respondent No.2 to decide the claim of the petitioners for rental compensation within 12 weeks from today. The compensation, as determined shall be paid to the respondents within 16 weeks failing which the respondents shall pay interest thereon @ 12% p.a. to the petitioners. Rule is made absolute in aforesaid terms.

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[ S.B.DESHMUKH , J.] [ D.G.KARNIK , J.]

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drp/A12/wp8689-09

Mahadeo Kondiba Munde and Ors. v. the State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

Mahadeo Kondiba Munde and Ors. v. the State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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