LAWS(BOM)-2012-5-48

UTTAM GANPAT UBALE Vs. STATE OF MAHARASHTRA THROUGH THE SECRETARY REVENUE AND FORESTS DEPARTMENT MANTRALAYA

Decided On May 05, 2012
UTTAM GANPAT UBALE Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Heard.

(2.) Rule, made returnable forthwith. By consent heard finally.

(3.) These petitions raise identical issue in respect of payment of rental compensation and interest under Government Resolution dated 1 st December 1972 and Government Resolution dated 2 nd April 1979. In the group of 22 petitions, in Writ Petition No.21 of 2010 and Writ Petition No.6190 of 2010, the petitioners contend that their applications for claiming rental compensation and benefit under Government Resolution dated 1 st December 1972 and Government Resolution dated 2 nd April 1979 have been kept pending by the concerned Collectorate / Special Land Acquisition Officers. The learned Additional Government Pleader, Shri. K.B. Choudhari, on instructions of responsible officers, submits that possession of the subject land was taken after issuance of Section 4(1) notification under the Land Acquisition Act 1894, therefore, the petitioners are not entitled for claiming rental compensation in accordance with the scheme framed by the State Government as reflected in Government Resolution dated 1 st December 1972 and Government Resolution dated 2 nd April 1979.