Disposed

Sheku Laxman Solankar through Lrs Punjaram Sheku Solankar v. the State of Maharashtra and Others

Bombay HC5 Feb 2019WP/1276/2019

Case brief

AI extract

What is this about?

The court directed respondent authorities to decide a pending application for land acquisition compensation within eight weeks, relying on benchmarks for expeditious action in similar matters.

What did the court decide?

Directions issued to the Collector and Competent Authority to determine the application within eight weeks, with an opportunity of hearing if required.

Sheku Laxman Solankar through Lrs Punjaram Sheku Solankar Vs… — Land Acquisition | Bombay HC (2019)

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(1)

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1276.19wp

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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WRIT PETITION NO.1276 OF 2019

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1.Sheku s/o Laxman Solankar..died
Through his L.R.
1/A.Punjaram s/o Sheku Solankar,
Age: 70 years, Occ: Labour,
R/o. Kanchanwadi,
Tq. and Dist. Aurangabad...PETITIONER
VERSUS
1.The State of Maharashtra
Through the Collector at
Aurangabad, Dist. Aurangabad.
2.The Sub Divisional Officer,
Aurangabad, Dist. Aurangabad.
3.The Managing Director,
Water and Land Management
Institute, Kanchanwadi,
Tq. and Dist. Aurangabad...RESPONDENTS

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Mr V.G. Mete, Advocate for petitioner;
Ms R.P. Gour, A.G.P. for respondent/State;

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CORAM : PRASANNA B. VARALE
 AND
 S.M.GAVHANE, JJ.
 DATE : 5th FEBRUARY, 2019

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ORAL ORDER :

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Heard learned Counsel appearing for the

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1276.19wp

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(2)

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petitioner.

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2.A limited grievance is raised in the

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petition. The petitioner claims to be owner of
certain agricultural lands. Notification under
Section 4 of the Land Acquisition Act, 1894 was
issued on 29th January, 1982. Award was also
declared and possession was obtained of the said
land are the facts submitted in the petition.

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3.Learned Counsel appearing for the

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petitioner, by inviting our attention to the copy
of the application, submitted before us that the
application is pending before the Collector,
Aurangabad. The petitioner along with application
also placed on record the copy of judgment of this
Court and the Hon'ble the Apex Court.

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4.Though we are not very happy with the
sequence of events, namely, the application
submitted to the Collector on 13th December, 2018,

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the petition is filed in this Court on 14th

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January, 2019, when there is nothing on record to
assume that the respondents-authorities, more
particularly, Collector or competent authority, who
is dealing the application causing unnecessary

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delay in decision, the party is approaching this
Court within a span of hardly three weeks seeking
directions to the authorities.

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5.Learned Counsel for the petitioner

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submitted that in similar circumstances, the

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Division Bench of this Court in Writ Petition
No.12194 of 2018 passed order on 14th December,
2018 thereby directing the authority to decide the
application within stipulated period.

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6.Resultantly, the petition is disposed of,

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with directions to respondent Nos.1 and 2 to decide
the application filed by the petitioner, on the
backdrop of judgment of this Court reported in

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2001(2) Mh.L.J. 279 in the matter of Rajaram

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Gajanan Gangal and others vs. Special Land

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Acquisition Officer, as well as the judgment of the
Hon'ble the Apex Court reported in (2017) 9 S.C.C.

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1276.19wp (4)

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426 in the matter of Narendra and others vs. State

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of Uttar Pradesh and others expeditiously and
preferably within eight (8) weeks from the date of
this order. In case, the procedure contemplates
hearing of the parties, respondent Nos.1 and 2
shall offer an opportunity of hearing to the
parties.

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7.With these directions, the petition is

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disposed of.

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( S.M.GAVHANE )(PRASANNA B. VARALE)
JUDGE JUDGE

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Tupe

Sheku Laxman Solankar through Lrs Punjaram Sheku Solankar v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

Sheku Laxman Solankar through Lrs Punjaram Sheku Solankar 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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Cases cited

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Coram

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