Bala Mahada Waghmare, Lrs Devidas and Others Vs the State of Maharashtra and Others

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1 WP2408.15

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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WRIT PETITION NO. 2408 OF 2015

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Bala S/o. Mahada Waghmare (Died), Through L. Rs. Devidas S/o. Bala @ Babarao Waghmare and others .. Petitioners

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Versus

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The State of Maharashtra and others .. Respondents

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Shri H. B. Nandagawale h/f Shri Vijay G. Sakolkar, Advocate for Petitioners.

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Smt. A. V. Gondhlekar, Addl. G. P. for Respondent Nos. 1 to 3 and 5. Respondent No. 4 served.

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CORAM : S. V. GANGAPURWALA AND K. K. SONAWANE, JJ. DATE : 30TH JUNE, 2016.

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PER COURT :-

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The learned counsel for the Petitioners states that, the possession of the Petitioners land has been taken by the Respondents on 20^th February, 2001 whereas notification U/Sec. 4 of the Land Acquisition Act, 1894 has been issued on 04.07.2002 / 28.08.2002. However, rental compensation has not been paid. Even, notice was issued by the Petitioners to the Respondents but no cognizance is taken.

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The learned A. G. P. states that, the Petitioners have not filed any application for rental compensation.

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Considering the above, we pass the following order -

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2 WP2408.15

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A] The Petitioners may file application for rental compensation with the competent authority seeking rental compensation from the date of possession i.e. 20^th February, 2001 till the date of Section 4 notification i.e. 04.07.2002 / 28.08.2002.

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B] On receipt of the said application the authority shall decide the same on its own merits, in accordance with law, after hearing all the parties concerned, expeditiously and preferably within nine

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(9) months from the date of receipt of application.

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The Writ Petition is accordingly disposed of. No costs.

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[ K. K. SONAWANE, J. ] [ S. V. GANGAPURWALA, J. ]

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sam/June.16

Bala Mahada Waghmare, Lrs Devidas and Others v. the State of Maharashtra and Others

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Bala Mahada Waghmare, Lrs Devidas and Others v. the State of Maharashtra and Others

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