4] We have considered the submissions canvassed by the learned counsel for the respective parties. It is not disputed that the land of the petitioner admeasuring 85 R from Gat No. 95B situated at villgae Kokalgaon, Taluka Nilanga, is acquired vide award dated 21.12.1999 for rehabilitation purpose. The respondents have filed affidavit of the Naib Tahsildar dated 16.7.2016, thereby accepting that the land of these persons, in respect of whom resolutions have been passed by the Gram Panchayat of village Kokalgaon, has been deleted from acquisition/award. It is further admitted in the said affidavit in reply by the respondents, that the possession of the land of the petitioner has not been taken by the respondents. The possession of the land acquired vide award dated 21.12.1999 till vests with the petitioner, so also, it is admitted that the amount of compensation under the said award has not been paid to the petitioner, and is kept in PLA account with the SLAO. Same does not tantamount to payment, as has been held in the matter of Pune Municipal Corporation vs. Harakchand, reported in 2014 (4) Mh.L.J. 566.
