Disposed

Ashok Bhimrao Waghunde and Others v. the State of Maharashtra and Others

Bombay HC21 Apr 2014WP/3474/2014

Case brief

AI extract

What is this about?

The High Court issued directions to respondents to decide on the petitioners' application for interest under Section 34 of the Land Acquisition Act and ensure timely disbursement if entitlement is established.

What did the court decide?

Directed respondents to decide on the petitioners' application for benefits under Section 34 of the Land Acquisition Act within six weeks and disburse the amount within four months if entitled.

Ashok Bhimrao Waghunde and Others Vs the State of… — Land Acquisition | Bombay HC (2014)

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 WP 3474/14

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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BENCH AT AURANGABAD

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 WRIT PETITION NO.3474/2014

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Ashok Bhimrao Waghunde & others.
...Petitioners..

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Versus

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The State of Maharashtra & others.
...Respondents...

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 .....

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Shri A.B. Kale, Advocate h/f Shri R.K. Shingnapure,
Advocate for petitioners.
Shri S.G. Karlekar, AGP for respondent nos.1 to 3.

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 .....

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DATE: 21.04.2014

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ORDER :

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1]This petition can be disposed of by issuing

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directions to the respondent nos.2 & 3 to take decision
on the application tendered by the petitioners claiming
statutory benefits as provided under Section 34 of the

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Land Acquisition Act. According to petitioners, the
possession of the land has been taken over on 29.12.2003

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before initiation of the proceedings under the Land
Acquisition Act. The proceedings under the Land

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 WP 3474/14

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Acquisition Act were commenced by issuance of
notification u/s 4 on 1.1.2004 and the award came to be
passed on 25.1.2008. According to petitioners, while
declaring the award, the Land Acquisition Officer has not
provided for benefits u/s 34 of the Land Acquisition Act
i.e. payment of interest from the date of issuance of
Section 4 notification till the date of award. According
to petitioners, they have not preferred any reference
application seeking enhancement in the amount of
compensation awarded by the Land Acquisition Officer.

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2]In this view of the matter, the Collector as well as
the Special Land Acquisition Officer need to be directed
to determine the amount of interest receivable by each of
the petitioners u/s 34 of the Land Acquisition Act.

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3]The respondent nos.3 and 4 are directed to take
decision on the application tendered by the petitioners
on 2.3.2012 as expeditiously as possible and preferably
within a period of six weeks from today. On

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determination of the benefits as per their application,

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if the petitioners are held entitled to receive the
benefits u/s 34 of the Land Acquisition Act, the
Collector shall ensure disbursement of amount to the

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 WP 3474/14

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petitioners as expeditiously as possible and preferably
within a period of four months from such determination.
4]With the directions as above, the writ petition
stands disposed of.

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(A.M. BADAR, J.) (R.M. BORDE, J.)

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ndk/c214147

Ashok Bhimrao Waghunde and Others v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

Ashok Bhimrao Waghunde and Others v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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